2nd Session, 43rd Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
Bill 214
THE BOARD PARITY AND DIVERSITY ACT
| Table of Contents | 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:
Definitions
1 The following definitions apply in this Act.
"board" means the board of directors of a corporation. (« conseil »)
"director" means a person who occupies the position of director and includes a person who, by whatever name designated, performs the functions of a director. (« administrateur »)
Application of this Act
2 This Act applies to the following corporations that have 50 or more employees:
(a) a corporation registered under The Corporations Act;
(b) a corporation incorporated or continued under another Act of the Legislature.
Independence of directors
3 A majority of directors must not be officers or employees of the corporation or its affiliates, within the meaning of The Corporations Act, and must not have been officers or employees of the corporation or an affiliate of the corporation in the preceding five years.
Gender diversity on boards
4(1) The number of directors on a board who identify as male must not exceed the number of directors who identify as other than male.
BIPOC and members disabled by barriers
4(2) Each board must include at least one director who identifies as
(a) black, Indigenous or a person of colour; or
(b) being disabled by one or more barriers within the meaning of The Accessibility for Manitobans Act.
Employee representation
4(3) Each board must include at least one director who is a person employed by the corporation in a position other than a senior management position.
Declaration by director
5(1) Every director must file a signed declaration attesting to their self-identification under section 4.
Disclosure of declaration
5(2) The corporation must ensure that a copy of each director's declaration is publicly available and that printed copies are available on request.
Status of declaration
5(3) The information provided in a declaration of self-identification cannot be challenged by reason that the information is inaccurate.
Offence
6(1) A corporation is guilty of an offence if the composition of the corporation's board is not in compliance with sections 3 and 4
(a) in the case of a corporation registered under The Corporations Act, on the day the corporation sends its annual return to the Director under section 121 of that Act;
(b) in the case of a corporation incorporated or continued under another Act of the Legislature, on the day the corporation files its annual report under that other Act.
Penalty
6(2) A corporation that commits an offence under subsection (1) is liable on conviction to a fine of not more than $50,000.
Conflict
7 If a provision of this Act is inconsistent or in conflict with a provision of another enactment, the provision of this Act prevails.
C.C.S.M. reference
8 This Act may be referred to as chapter B64 of the Continuing Consolidation of the Statutes of Manitoba.
Coming into force
9 This Act comes into force on January 1, 2028.
|
Explanatory Note Under The Board Parity and Diversity Act, the board of a corporation with 50 or more employees must not have more directors who identify as male than members who do not identify as male; must have at least one director who identifies as black, Indigenous or a person of colour or as being disabled by barriers; and must include at least one director who is an employee of the corporation other than a senior manager. The majority of directors must not be officers or employees of the corporation or have held those positions in the preceding five years. Every director must make a declaration of their self-identification, which is to be made public. The accuracy of the information provided in a declaration cannot be challenged. The Act takes effect on January 1, 2028. |