3rd Session, 43rd Legislature

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Bill 48

THE REAL PROPERTY AMENDMENT AND PLANNING AMENDMENT ACT (LAND CONVEYED FOR PUBLIC PURPOSES)

(Assented to                                         )

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

THE REAL PROPERTY ACT

C.C.S.M. c. R30 amended

1(1)   The Real Property Act is amended by this section.

1(2)   Subsection 119(1) is amended by striking out "filed or".

1(3)   Subsection 119(2) is amended

(a) by replacing the section heading of the English version with "Title to streets and Crown and public reserve";

(b) in the part before clause (a), by striking out "or filing"; and

(c) in clauses (a) and (b) and in the part of clause (c) before subclause (i), by striking out "encumbrances other than a pipeline easement" and substituting "registered instruments other than a pipeline easement or statutory easement".

THE PLANNING ACT

C.C.S.M. c. P80 amended

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

2(2)   Subsection 138(1) is amended by striking out "or" at the end of clause (d), adding "or" at the end of clause (e) and adding the following after clause (e):

(f) works of municipalities.

2(3)   The following is added after section 138:

Definition of "eligible grantee"

138.1(1)   In this section, "eligible grantee" means an eligible grantee as defined in subsection 111(1) of The Real Property Act.

Public reserves — statutory easements

138.1(2)   A right over public reserve land in respect of the activities or undertakings described in subsection 111(3) of The Real Property Act may be granted to an eligible grantee by the following:

(a) where the land is situated in a municipality, the municipality;

(b) where the land is situated in Northern Manitoba, the minister within the meaning of Part 10;

(c) where the land is situated in unorganized territory, the Crown in right of Manitoba.

Effect of registration

138.1(3)   Once registered in accordance with section 111.1 of The Real Property Act, the right is a statutory easement under that Act.

COMING INTO FORCE

Coming into force

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