3rd Session, 43rd Legislature

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Bill 202

THE FINANCIAL ADMINISTRATION AMENDMENT ACT

(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. F55 amended

1   The Financial Administration Act is amended by this Act.

2   The following is added after section 81 as part of Part 9:

Definitions

81.1(1)   The following definitions apply in this section.

"designated Act" means

(a) The Employment Standards Code;

(b) The Human Rights Code;

(c) The Labour Relations Act;

(d) The Workplace Safety and Health Act; or

(e) any other Act prescribed by regulation. (« loi désignée »)

"funding recipient" means

(a) a reporting organization that is prescribed by the Minister of Finance to be a funding recipient for the purpose of this section; and

(b) a person, other than a reporting organization, that receives a grant, advance or other funding under a funding agreement with the government. (« bénéficiaire d'une aide financière »)

"responsible minister" means the minister that is party to a funding agreement with a funding recipient or that is the minister responsible for the government department or government agency that is party to the agreement, as the case may be. (« ministre responsable »)

Notice of contravention by funding recipient

81.1(2)   Each funding recipient must promptly give notice to their responsible minister if a court or administrative tribunal finds that the recipient has contravened a provision of a designated Act.

Funding terminated

81.1(3)   Subject to subsection (5), upon receiving notice under subsection (2) or otherwise becoming aware that a funding recipient has contravened a provision of a designated Act, the responsible minister must terminate the recipient's funding.

Application for reinstatement of funding

81.1(4)   A funding recipient whose funding is terminated under subsection (3) may apply to the responsible minister to have their funding reinstated.

Reinstatement of funding

81.1(5)   The responsible minister may reinstate a funding recipient's funding if the responsible minister considers it to be in the public interest, taking into account the following factors:

(a) whether the termination of funding could have a negative impact on Manitobans, particularly disadvantaged individuals and groups;

(b) whether the recipient contravened multiple provisions of a designated Act, contravened the designated Act on multiple occasions or contravened multiple designated Acts;

(c) the seriousness of the recipient's contravention and any past contraventions.

Reasons for reinstatement

81.1(6)   If the responsible minister reinstates a funding recipient's funding, the responsible minister must ensure that the reasons for their decision are made publicly available.

No termination pending appeal

81.1(7)   The responsible minister must not terminate funding under subsection (3) until one of the following occurs:

(a) any applicable appeal period expires without the funding recipient making an appeal;

(b) the funding recipient abandons the appeal, if any;

(c) the final court of appeal upholds the finding of the lower court or administrative tribunal that the funding recipient has contravened a designated Act or dismisses the recipient's application for leave to appeal.

Coming into force

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