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3rd 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 34

THE INTERPROVINCIAL SUBPOENA 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. S212 amended

1   The Interprovincial Subpoena Act is amended by this Act.

2   Section 1 is amended

(a) by adding the following definition:

"province" means a province of Canada and includes the Yukon Territory, the Northwest Territories and Nunavut; (« province »)

(b) by replacing the definition "court" with the following:

"court" means any court in a province and, where a board, commission, tribunal or other body or person in a province has the power to issue a subpoena, includes that board, commission, tribunal, body or person; (« tribunal »)

3   Subsection 2(1) is amended, in the part before clause (a), by striking out "A court in Manitoba shall receive and adopt as an order of the court" and substituting "The Court of King's Bench shall receive and adopt as an order of the Court of King's Bench".

4   Section 3 is amended by striking out "A court in Manitoba" and substituting "The Court of King's Bench".

5   Section 4 is amended by striking out "the court may impose" and substituting "the Court of King's Bench may impose".

6(1)   Subsection 5(1) is amended, in the part after clause (b), by striking out "court" and substituting "Court of King's Bench".

6(2)   The following is added after subsection 5(1):

Expanded meaning of "party"

5(1.1)   In subsection (1), "party" includes the court or a member or official of the court.

7   The following is added after section 8:

Regulations

9   The Lieutenant Governor in Council may make regulations

(a) designating a board, commission, tribunal or other body or person in Manitoba or another province as a court for the purpose of this Act;

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

C.C.S.M. reference

10   This Act may be referred to as chapter S212 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

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

Explanatory Note

The Interprovincial Subpoena Act is amended to broaden its application to include subpoenas issued by a board, commission, tribunal or other body or person with that power, whether located in Manitoba or elsewhere in Canada.

Administrative amendments are also made.