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S.M. 1985-86, c. 47
The Equal Rights Statute Amendment Act
(Assented to July 11, 1985)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Title of Apprenticeship and Tradesmen's Qualifications Act am.
The title of The Apprenticeship and Tradesmen's Qualifications Act, being chapter 45 of the Statutes of Manitoba, 1972 (chapter A110 of the Continuing Consolidation of the Statutes of Manitoba) (in this section referred to as "the Act"), is amended by striking out the word "Tradesmen's" therein and substituting therefor the word "Trades".
Clause 1(c) of the Act is amended by striking out the word "Tradesmen's" in the 1st line thereof and substituting therefor the word "Trades".
Clause 1(f) of the Act is amended by striking out the word "Tradesmen's" in the 2nd line thereof and substituting therefor the word "Trades".
Subsection 3(1) of the Act is amended by striking out the word "Tradesmen's" in the 2nd line thereof and substituting therefor the word "Trades".
Section 17 of The Cemeteries Act, being chapter C30 of the Revised Statutes, is amended by striking out the words "Know all men by these presents" in the 3rd line thereof and substituting therefor the words "Take notice".
Cl. 2(1)(a) of Change of Name Act am.
Clause 2(1) (a) of The Change of Name Act, being chapter 56 of the Statutes of Manitoba, 1982-83-84 (chapter C50 of the Continuing Consolidation of the Statutes of Manitoba) (in this section referred to as "the Act"), is amended by adding thereto, immediately after the word "age" therein, the words "or has been married, or is a parent with legal custody of his or her child; and".
Subsecs. 2(5) to (6) rep. and sub.
Subsections 2(5) to (6) of the Act are repealed and the following subsections are substituted therefor:
A person whose marriage has been annulled or dissolved in a manner referred to in subsection (9) may apply for a change of name of an unmarried infant child born of that marriage if
(a) the applicant has been granted custody of the child by any court in Canada, or by any court outside Canada which had jurisdiction to grant the custody order; and
(b) where the applicant's previous spouse is not deceased, the applicant has notified the previous spouse of the application by registered or certified mail sent to the previous spouse's last known place of residence.
Director may dispense with notice.
Where the notice referred to in clause (5) (b) cannot be delivered by the post office or where the last known place of residence of the previous spouse is the same as the address of the applicant, the director may require the applicant to make a reasonable attempt to locate the previous spouse and where that attempt is unsuccessful, the director may dispense with the notice to the previous spouse.
Where an applicant who is married applies under subsection (5) to change the name of an unmarried infant child born of a previous marriage to the name of the applicant's present spouse, or to the name of the present spouse hyphenated or combined with the applicant's surname, the applicant shall, in addition to meeting the other requirements of subsection (5), obtain the consent of his or her present spouse to the application.
Where the previous spouse receives the notice referred to in clause (5)(b), section 3 applies with the necessary modifications.
Subsection 2(10) of the Act is repealed.
Cl. 14(2)(d) of Civil Service Act am.
Clause 14(2) (d) of The Civil Service Act, being chapter C110 of the Revised Statutes (in this section referred to as "the Act"), is amended
(a) by striking out the word "widow" in the 1st line thereof and substituting therefor the words "surviving spouse"; and
(b) by striking out the words "her husband" in the last line thereof and substituting therefor the words "his or her spouse".
Section 16 of the Act is repealed.
Subsections 20(2) to (5) of the Act are repealed.
Section 45 of the Act is repealed and the following section is substituted therefor:
Where a member of the civil service dies after having been in the service for at least 2 years, the Minister of Finance may pay an amount of money to be fixed by order of the Lieutenant Governor in Council, but not exceeding the total of the member's salary or wages for 3 months, to such dependant of the member as may be stated in the order.
Cl. 30(8)(b) of Civil Service Superannuation Act am.
Clause 30(8)(b) of The Civil Service Superannuation Act, being chapter C120 of the Revised Statutes (in this section referred to as "the Act"), is amended by striking out the word "widow" each time it appears in sub-clauses (i), (ii) and (iii) thereof and in each case substituting therefor the words "surviving spouse".
Section 45 of the Act is repealed and the following section is substituted therefor:
Annuitant mentally incompetent.
Where, under the authority of The Mental Health Act, the Public Trustee or any other person is appointed or acts as committee of the person, property or estate of any person to whom an annual superannuation allowance is payable under this Act, the board may pay the allowance to the committee, and the payment shall be a discharge of any liability of the board under this Act.
Subsec. 5(3) of Condominium Act rep. and sub.
Subsection 5(3) of The Condominium Act, being chapter C170 of the Revised Statutes, is repealed and the following subsections are substituted therefor:
Limitation on certain provisions.
No provision contained in a declaration pursuant to clause (2)(c) or (d) shall discriminate because of the race, nationality, religion, colour, sex, age, marital status, physical or mental handicap, family status, ethnic or national origin, political belief or source of income of any person.
Nothing in subsection (3) prohibits a declaration from restricting the use, occupancy, possession or ownership of a unit, common element or common interest in a property in a manner consistent with the maintenance of the property primarily or exclusively for elderly persons.
Cl. 5(1)(b) of Cooperatives Act rep.
Clause 5(1)(b) of The Cooperatives Act, being chapter 47 of the Statutes of Manitoba, 1976 (chapter C223 of the Continuing Consolidation of the Statutes of Manitoba) (in this section referred to as "the Act"), is repealed.
Clause 66(1) (b) of the Act is repealed.
Cl. 5(2)(b) of Corporations Act rep.
Clause 5(2) (b) of The Corporations Act, being chapter 40 of the Statutes of Manitoba, 1976 (chapter C225 of the Continuing Consolidation of the Statutes of Manitoba) (in this section referred to as "the Act"), is repealed.
Clause 100(1)(b) of the Act is repealed.
Subsec. 33(2) of Corrections Act am.
Subsection 33(2) of The Corrections Act, being chapter C230 of the Revised Statutes, is amended by striking out clauses (b) and (c) thereof and substituting therefor the following clauses:
(b) resume employment;
(c) resume the conduct of the person's own business or other self-employment, including housekeeping and attending the needs of the person's family;.
Subsec. 55(2) of Queen's Bench Act am.
Subsection 55(2) of The Queen's Bench Act, being chapter C280 of the Revised Statutes, is amended by striking out the words "unless expressly directed by the court" in the 3rd and 4th lines thereof.
Sec. 17 of Devolution of Estates Act am.
Section 17 of The Devolution of Estates Act, being chapter D70 of the Revised Statutes, is amended by adding the figures "14" after the figures "11" in the last line thereof.
Sec. 1 of Domicile and Habitual Residence Act am.
Section 1 of The Domicile and Habitual Residence Act, being chapter 80 of the Statutes of Manitoba, 1982-83-84 (chapter D96 of the Continuing Consolidation of the Statutes of Manitoba), is amended by striking out the definition of "child" therein and substituting therefor the following definition:
"child" means a person who
(i) has not reached the age of majority,
(ii) has not been married, and
(iii) is not a parent with legal custody of his or her child;.
Section 9 of the Act is repealed and the following section is substituted therefor:
The domicile of a child
(a) where the parents of the child have a common domicile, is the domicile of the parents;
(b) where the parents of the child do not have a common domicile, is the domicile of the parent with whom the child normally and usually resides; and
(c) where the domicile of the child cannot be determined under clause (a) or (b), is the state and subdivision thereof where the child normally and usually resides.
The habitual residence of a child is the state and subdivision thereof where the child normally and usually resides.
Subsec. 33(1) of Dower Act am.
Subsection 33(1) of The Dower Act, being chapter D100 of the Revised Statutes, is amended by striking out the last 4 lines thereof.
Cl. 52(c) of Elections Act am.
Clause 52(c) of The Elections Act, being chapter 67 of the Statutes of Manitoba, 1980 (chapter E30 of the Continuing Consolidation of the Statutes of Manitoba) (in this section referred to as "the Act"), is amended by striking out the figure and word "1 year" therein and substituting therefor the figure and word "6 months".
Subsection 61(3) of the Act is repealed and the following subsection is substituted therefor:
As far as possible, a returning officer shall locate polling places in premises which provide ease of access to voters who are confined to wheelchairs or are otherwise physically incapacitated.
Section 65 of the Act is amended by adding thereto, immediately after subsection (1) thereof, the following subsection:
The poll at every advance polling place established under subsection (1) shall be located so as to provide ease of access to voters who are confined to wheelchairs or are otherwise physically incapacitated.
Section 99 of the Act is amended by adding thereto, immediately after the word "blind" in the 2nd line thereof, the words "or otherwise visually impaired".
Cl. 2(a) of Electricians' Licence Act am.
Clause 2(a) of The Electricians' Licence Act, being chapter E50 of the Revised Statutes, is amended by striking out the word "Tradesmen's" in the 2nd line thereof and substituting therefor the word "Trades".
Secs. 34.2 and 34.3 of Employment Standards Act added.
The Employment Standards Act, being chapter E110 of the Revised Statutes (in this section referred to as "the Act"), is amended by adding thereto, immediately after section 34.1 thereof, the following sections:
Every male employee who
(a) has become the natural father of a child;
(b) has completed 12 consecutive months of employment for or with an employer; and
(c) has submitted to his employer an application in writing for leave at least 4 weeks before the day specified in the application as the day on which he intends to commence such leave;
is entitled to, and shall be granted, paternity leave in accordance with subsection (2).
Length and commencement of leave.
Paternity leave consists of a continuous leave of up to 6 weeks to be taken within the period of 6 weeks beginning, as the employee elects,
(a) on the day the child is born; or
(b) after the birth of the child but during, or on the expiry of, any leave of absence from employment taken under this Act, an act of Parliament or any other Legislature, or any collective agreement, by a female employee in respect of the child; or
(c) on the day the child comes into his actual care and custody; or
(d) at any time during the 90 days immediately following the birth of the child.
An employee who fails to comply with clause (1)(c) is nevertheless entitled to, and upon application to his employer shall be granted, the paternity leave to which he is entitled under subsection (2) or such portion thereof as has not yet expired at the time the application is made.
Application of other provisions.
Subsections 34.1(4) to (9) apply with necessary modifications to paternity leave under this section.
Every employee who
(a) has adopted a child under the law of any province;
(b) has completed 12 consecutive months of employment for or with an employer; and
(c) has submitted to the employer an application in writing for leave at least 4 weeks before the day specified in the application as the day on which the employee intends to commence such leave;
is entitled to, and shall be granted, adoption leave in accordance with subsection (2).
Length and commencement of leave.
Adoption leave consists of a continuous leave of up to 17 weeks to be taken within the period of 17 weeks beginning, as the employee elects,
(a) on the day the child comes into the employee's actual care and custody; or
(b) at any time during, or on the expiry of, any leave of absence from employment taken under this Act, an act of Parliament or any other Legislature, or any collective agreement, by any other person in respect of the child; or
(c) at any time during the 90 days immediately following the day on which the child comes into the employee's actual care and custody.
An employee who fails to comply with clause (1)(c) is nevertheless entitled to, and upon application to the employer shall be granted, the adoption leave to which he or she is entitled under subsection (2) or such portion thereof as has not yet expired at the time the application is made.
Application of other provisions.
Subsections 34.1(4) to (9) apply with necessary modifications to adoption leave under this section.
Subsection 38(2) of the Act is amended by striking out the words "male adolescents or female adolescents, or both" in the 2nd line thereof and substituting therefor the word "adolescents".
Subsec. 64(4) of Evidence Act am.
Subsection 64(4) of The Evidence Act, being chapter E150 of the Revised Statutes (in this section referred to as "the Act"), is amended
(a) by striking out the words "illiterate or blind or is physically incapacitated from writing his name" in the 2nd line thereof and substituting therefor the words "incapable of reading the affidavit or declaration or is incapable of writing his or her name"; and
(b) by striking out the 1st and 3rd FORMS OF JURAT therein and substituting therefor the following FORMS OF JURAT:
FORM OF JURAT PERSON INCAPABLE OF READING AFFIDAVIT OR DECLARATION
Sworn (affirmed or declared) before me at the of , in the of , this day of ,19 , having first been read over and explained by me to the deponent (or declarant) who, being incapable of reading the contents of the affidavit or declaration, appeared to understand the same and (choose one)
(a) signed his/her signature in my presence; or
(b) made his/her mark in my presence; or
(c) verbally indicated his/her understanding of same.
A Commissioner for Oaths, Notary Public, etc.
FORM OF JURAT PERSON INCAPABLE OF WRITING NAME
Sworn (affirmed or declared) before me at the of , in the of , this day of ,19 , by the deponent (or declarant) who, being incapable of writing his/her name (choose one)
(a) made his/her mark in my presence; or
(b) verbally indicated his/her understanding of the affidavit or declaration.
A Commissioner for Oaths, Notary Public, etc.
Section 76 of the Act is repealed and the following section is substituted therefor:
Minister may appoint notaries.
The minister may, by one or more commissions, appoint notaries public for the province.
Section 83 of the Act is amended by striking out the word "wife" in the 4th line thereof and substituting therefor the word "spouse".
Sec. 31 of Executions Act rep. and sub.
Section 31 of The Executions Act, being chapter E160 of the Revised Statutes, is repealed and the following section is substituted therefor:
Exemptions apply to dependant.
Where a person dies and is survived by a dependant, chattels which at the time of the person's death were exempt from seizure by the person's creditors continue to be so exempt while in the possession of the dependant.
Subsec. 6(2) of Fires Prevention Act am.
Subsection 6(2) of The Fires Prevention Act, being chapter F80 of the Revised Statutes (in this section referred to as "the Act"), is amended by striking out the word "men" in the 2nd line thereof and substituting therefor the words "adult persons".
Subsection 29(2) of the Act is amended by striking out the word "men" in the 3rd line thereof and substituting therefor the word "persons".
Cl. 2(e) of Garage Keepers Act am.
Clause 2(e) of The Garage Keepers Act, being chapter G10 of the Revised Statutes, is amended by striking out the word "Tradesmen's" in the 2nd last line of sub-clause (i) thereof and substituting therefor the word "Trades".
Cl. 2(1)(g) of Health Services Insurance Act am.
Clause 2(1)(g) of The Health Services Insurance Act, being chapter 81 of the Statutes of Manitoba, 1970 (chapter H35 of the Continuing Consolidation of the Statutes of Manitoba) (in this section referred to as "the Act"), is amended by striking out the words "widowed mother if she is dependent upon that person for support" in the 3rd and 4th lines thereof and substituting therefor the words "dependent parent".
Clause 2(1)(h) of the Act is amended by striking out the word "woman" in the 4th line thereof and substituting therefor the word "person".
Subsection 2(4) of the Act is repealed and the following subsection is substituted therefor:
For purposes of determining whether a person is an employer as defined in clause (1)(i),
(a) another person who would be that person's employee as defined in clause (1) (h) shall be deemed to be that person's employee, notwithstanding that the other person is a married person to whom reference is made in clause (1)(h); and
(b) a person, other than a corporation, who has employees in his or her service shall be included among them in computing the number of employees the person employs.
Cl. 20(1)(h) of Interpretation Act am.
Clause 20(1)(h) of The Interpretation Act, being chapter I80 of the Revised Statutes (in this section referred to as "the Act"), is amended by adding thereto, after the word "corporations" therein, the words "and words importing female persons include male persons and corporations".
Clause 23(1)(4) of the Act is repealed.
Subsection 23(1) of the Act is further amended by adding thereto, immediately after clause (45) thereof, the following clause:
(45.1) "subject of Her Majesty" includes any person who, under the law of any country in the Commonwealth, is a citizen of that country;.
Cl. 2(1)(a) of Reciprocal Enforcement of Judgments Act am.
Clause 2(1)(a) of The Reciprocal Enforcement of Judgments Act, being chapter J20 of the Revised Statutes, is amended by striking out everything after the word "order" in the 4th last line thereof and substituting therefor the words "or determination of a court providing for the payment of money as maintenance by the respondent named in the order for the benefit of the claimant named in the order, including the maintenance provisions of a filiation order".
Sec. 30 of Land Surveyors Act rep. and sub.
Section 30 of The Land Surveyors Act, being chapter L60 of the Revised Statutes (in this section referred to as "the Act"), is repealed and the following section is substituted therefor:
Acquiring foreign citizenship.
Any surveyor, registered or unregistered, who becomes a subject or citizen of any foreign sovereign or a country other than Canada, or who has formally declared an intention to become a subject or citizen of a foreign sovereign or a country other than Canada, and who afterwards wishes to begin or resume the practice of land surveying in Manitoba, shall
(a) become re-naturalized under the Citizenship Act (Canada) or by other sufficient legal process; and
(b) furnish the bond and take the official oaths prescribed by this Act.
Form G in the Schedule to the Act is amended by striking out the words "Know all men by these presents" in the 1st line below the title thereof and substituting therefor the words "Take notice".
Subsec. 103(13) of Landlord and Tenant Act rep. and sub.
Subsection 103(13) of The Landlord and Tenant Act, being chapter L70 of the Revised Statutes, is repealed and the following subsection is substituted therefor:
Notwithstanding any other provision of this Act, where
(a) residential premises are occupied by 2 or more tenants and
(i) because of the deterioration of health or physical condition of the tenant who pays the rent, the tenants are unable to pay their rent, or
(ii) one of the tenants dies and the income of the remaining tenants is insufficient to pay the rent; or
(b) residential premises are occupied by a single tenant who
(i) because of deterioration of health or physical condition, is unable to pay the rent, or
(ii) dies during the term of the tenancy agreement;
the tenant, or the heirs, assigns or legal personal representative of the tenant, as the case may be, may terminate the tenancy agreement by giving the landlord 1 month's notice, accompanied, where applicable, by a medical certificate; and thereupon the tenant, or the heirs, assigns or legal personal representative of the tenant, is or are relieved of any liability under the tenancy agreement after the date of its termination.
Sec. 7 of Law of Property Act rep. and sub.
Section 7 of The Law of Property Act, being chapter L90 of the Revised Statutes (in this section referred to as "the Act"), is repealed and the following section is substituted therefor:
Every covenant which, but for this section, would be annexed to and run with land and which restricts the sale, ownership, occupation or use of land because of the race, nationality, religion, colour, sex, age, marital status, family status, physical or mental handicap, ethnic or national origin, source of income or political belief of any person is void.
Nothing in subsection (1) prohibits a covenant which restricts the sale, ownership, occupation or use of land in a manner consistent with the maintenance of the land primarily or exclusively for elderly persons.
Subsection 32(3) of the Act is repealed and the following subsections are substituted therefor:
In the case of cohabiting spouses, no assignment made by either spouse of wages to be earned by that spouse in the future is valid unless the written consent of the other spouse to the making of the assignment is attached thereto or endorsed thereon.
Unmarried cohabitants included.
The expression "cohabiting spouses" in subsection (3) includes a man and woman who, not being married to each other,
(a) have cohabited continuously for 3 years or more in a relationship in which one of them has been substantially dependent upon the other for support; or
(b) have cohabited for 1 year or more and have a dependent child born of their relationship.
Cl. 4(1)(d) of Law Society Act am.
Clause 4(1) (d) of The Law Society Act, being chapter L100 of the Revised Statutes (in this section referred to as "the Act"), is amended by striking out the word "widows" in the 2nd line thereof and substituting therefor the words "surviving spouses".
Clause 4(1)(n) of the Act is amended by striking out the words "all members of the society other than students, or all members, other than students, who have not attained an age to be determined by the governing body" in the 1st, 2nd and 3rd lines thereof and substituting therefor the words "some or all members of the society other than students".
Cl. 2(1)(26) of Liquor Control Act rep.
Clause 2(1) (26) of The Liquor Control Act, being chapter L160 of the Revised Statutes (in this section referred to as "the Act"), is repealed.
Clauses 45(16)(b) and (d) of the Act are repealed.
Clause 46(1)(c) of the Act is repealed.
Subsections 52(2) and (4) of the Act are repealed.
Section 59 of the Act is amended by striking out clauses (1)(b) and (d) and subsection (2) thereof.
Subsection 79(1) of the Act is repealed and the following subsection is substituted therefor:
No licence of any of the classes mentioned in clauses 73(1) (a) to (g.1), (m) or (p) shall be issued to any person unless
(a) the person has filed an application therefor with the commission within the prescribed time;
(b) the person is the true owner or lessee of the business which he or she carries on in the premises;
(c) the premises in respect of which the application is made conform to the requirements of this Act and the regulations and are otherwise suitable for carrying on the business in a reputable way, and have been approved as such by the commission;
(d) the person has complied in all other respects with the requirements of this Act and the regulations;
(e) the commission has determined that the person is fit and proper to keep and operate the kind of premises in respect of which the licence is sought; and
(f) subject to subsection (3), the person has given notice of the application by advertisement, in the prescribed form and within the prescribed time, published once in the Manitoba Gazette and
(i) once in a newspaper published in the municipality in which the premises are situated or, if no newspaper is published in that municipality, once in a newspaper published in Manitoba and circulated in that municipality, or
(ii) in the case of a licence referred to in section 165, once in a newspaper published in the City of Winnipeg.
Subsecs. 79(2.1) to (2.6) added.
Section 79 of the Act is further amended by adding thereto, immediately after subsection (2) thereof, the following subsections:
Reconsideration by commission.
Any person who is refused a licence on the basis of subsection (1) may in writing request the commission to reconsider the licence application, and upon receiving the request the commission shall do so and shall give the person a reasonable opportunity to make representations concerning the matters in respect of which the licence was refused.
Where, after reconsidering a licence application under subsection (2.1), the commission refuses to issue the licence, the person who applied for the licence may appeal the decision of the commission to the Court of Queen's Bench.
Every appeal under subsection (2.2) shall be by notice of motion and shall be commenced within 60 days after the person receives notice of the decision after a reconsideration under subsection (2.1), or within such further time as the court may allow.
Transmission of material to court.
Forthwith upon receiving the notice of appeal, the commission shall forward to the Registrar of the Court of Queen's Bench
(a) all documents and materials from its files which are relevant to the licence application; and
(b) any reasons which the commission gave to the person for refusing the licence.
The commission is a party to any appeal taken under subsection (2.2), and is entitled to be heard, by counsel or otherwise, upon the appeal.
Upon hearing an appeal under subsection (2.2), the court may confirm, reverse, quash or vary the decision of the commission respecting the licence application, subject to such terms and conditions as the court sees fit, and the commission shall comply with any order which the court makes.
Section 93 of the Act is amended by striking out clauses (1)(d) and (f) and subsection (2) thereof.
Section 102 of the Act is amended by striking out clauses (1)(e) and (g) and subsection (2) thereof.
Section 103 of the Act is repealed.
Section 133 of the Act is amended by striking out clauses (1)(h) and (j) and subsection (2) thereof.
Sections 182 to 189 of the Act are repealed.
Form 5 in the Schedule to the Act is amended by striking out the 2nd line below the title thereof and substituting therefor the following line: l)That you are a Canadian citizen, of the full age of 18 years.
Form 6 in the Schedule to the Act is amended by striking out the 8th line below the title thereof and substituting therefor the following line: 4)That he (or, she) is a Canadian citizen of the full age of 18 years.
Form 8 in the Schedule to the Act is amended by striking out the 12th line below the title thereof and substituting therefor the following line:
2) That you are a Canadian citizen and of the full age of 18 years, and.
Cl. 1(c) of Local Authorities Election Act rep.
Clause 1(c) of The Local Authorities Election Act, being chapter 40 of the Statutes of Manitoba, 1970 (chapter L180 of the Continuing Consolidation of the Statutes of Manitoba) (in this section referred to as "the Act"), is repealed.
Subsection 56(3) of the Act is repealed and the following subsection is substituted therefor:
As far as possible, the returning officer shall locate polling places in premises which provide ease of access to voters who are confined to wheelchairs or are otherwise physically incapacitated.
Section 57 of the Act is amended
(a) by striking out the words "on the ground floor" in the 4th last line of subsection (1) thereof;
(b) by striking out the words "shall be located on the ground floor of the premises, and" in the 1st and 2nd lines of subsection (2) thereof; and
(c) by adding thereto, immediately after subsection (2.1) thereof, the following subsection:
The poll at every advance polling place shall be located so as to provide ease of access to voters who are confined to wheelchairs or are otherwise physically incapacitated.
Section 95 of the Act is amended
(a) by adding thereto, immediately after the word "paper" in the 4th line of subsection (1) thereof, the words "and the person is unable or unwilling for any reason to vote by using a template as provided in subsection (1.1)"; and
(b) by adding thereto, immediately after subsection (1) thereof, the following subsection:
Where a voter is, by reason of blindness or other visual impairment, unable to vote in the manner prescribed in sections 85 to 94, and the voter applies to the deputy returning officer to be permitted to vote, the deputy returning officer shall
(a) provide the voter with a template prepared to assist voters who are blind or otherwise visually impaired in marking their ballots;
(b) where necessary, instruct the voter in the use of the template;
(c) lead the voter, or cause the voter to be led, to the voting compartment and leave the voter there to mark the ballot;
(d) retrieve the template from the voter after the voter has marked the ballot; and
(e) otherwise follow the procedures laid down by this Act as far as is practicable for the purpose of accepting the marked ballot and depositing it in the ballot box.
Cl. 21(1)(d) of Marriage Act am.
Clause 21(1)(d) of The Marriage Act, being chapter 57 of the Statutes of Manitoba, 1982-83-84 (chapter M50 of the Continuing Consolidation of the Statutes of Manitoba), is amended by striking out the words "in the case only of a marriage to be solemnized under the authority of a licence" therein.
Subsec. 19(1) of Mental Health Act rep.
Subsection 19(1) of The Mental Health Act, being chapter M110 of the Revised Statutes (in this section referred to as "the Act"), is repealed.
Subsection 37(2) of the Act is amended by striking out the words "have been exercisable by him if he had been the father of the mental retardate and the mental retardate had been a child under the age of fourteen years" in the 3rd, 4th and 5th lines thereof and substituting therefor the words "be exercisable by that person if the person were a parent of the mental retardate and the mental retardate were a child".
Section 49 of the Act is repealed and the following section is substituted therefor:
Liability of parent for maintenance.
Where, in other proceedings, an order for the maintenance of a mental retardate has been made against either parent of the mental retardate, a judge of the Provincial Court shall not, unless in the special circumstances of the case the judge deems it desirable, make an order for contribution against the parent, but may order that some or all of the payments accruing due under the previous order of maintenance be made to the Public Trustee to be applied towards the maintenance of the mental retardate.
Subsection 50(1) of the Act is repealed.
Subsection 51(1) of the Act is repealed.
Cl. 2(1)(i) of Municipal Act rep.
Clause 2(1)(i) of The Municipal Act, being chapter 100 of the Statutes of Manitoba, 1970 (chapter M225 of the Continuing Consolidation of the Statutes of Manitoba) (in this section referred to as "the Act"), is repealed.
Clause 284(1)(d) of the Act is amended by striking out the words "male adults" in the 1st line thereof and substituting therefor the words "adult persons".
Clause 372(1) (f) of the Act is amended by striking out the words "widows and orphan children" in the 1st and 2nd lines thereof and substituting therefor the word "dependants".
Cl. 10(3)(a) of Noxious Weeds Act am.
Clause 10(3) (a) of The Noxious Weeds Act, being chapter N110 of the Revised Statutes, is amended by striking out the word "men" in the 3rd line thereof and substituting therefor the word "persons".
Sec. 3 of Parents' Maintenance Act rep. and sub.
Section 3 of The Parents' Maintenance Act, being chapter P10 of the Revised Statutes, is repealed and the following section is substituted therefor:
A parent who, by reason of age, disease or infirmity, is unable to maintain himself or herself without assistance shall be deemed to be dependent.
Cl. 5(c) of Partnership Act am.
Clause 5(c) of The Partnership Act, being chapter P30 of the Revised Statutes, is amended by striking out the word "widow" in the 1st line of sub-clause (iii) thereof and substituting therefor the words "surviving spouse".
Subsec. 34(1) of Real Property Act rep. and sub.
Subsection 34(1) of The Real Property Act, being chapter R30 of the Revised Statutes, is repealed and the following subsections are substituted therefor:
Application by infant or mental incompetent.
Either parent of an infant, or the committee of the estate of a person of unsound mind, may apply on behalf of the infant or person of unsound mind to bring land under this Act.
Where both parents of an infant are dead or another person is the guardian of or stands in loco parentis to the infant, an application under subsection (1) may be made by the guardian of the infant or the person who stands in loco parentis to the infant.
Cl. 30(1)(c) of Registry Act am.
Clause 30(1)(c) of The Registry Act, being chapter R50 of the Revised Statutes, is amended by striking out the word "wife's" in the 1st line thereof and substituting therefor the word "spouse's".
Subsec. 3(1) of Soldiers' Taxation Relief Act am.
Subsection 3(1) of The Soldiers' Taxation Relief Act, being chapter S180 of the Revised Statutes (in this section referred to as "the Act"), is amended
(a) by striking out the word "widow" in clause (a) thereof and substituting therefor the words "surviving spouse"; and
(b) by striking out the words "widowed mother" in the 1st line of clause (b) thereof and substituting therefor the word "parent".
Clause 3(4)(a) of the Act is amended by striking out the words "his widow or widowed mother dies or marries again" in the 2nd line thereof and substituting therefor the words "the soldier's surviving spouse or parent dies".
Subsecs. 3(5) and (6) rep. and sub.
Subsections 3(5) and (6) of the Act are repealed and the following subsections are substituted therefor:
The relief provided by this Act applies to property which is
(a) the home of the soldier or the soldier's surviving spouse or parent; or
(b) owned by a soldier at the time of the soldier's death, so long as the property remains the home of the soldier's surviving spouse or parent; or
(c) acquired by the surviving spouse or parent of a soldier after the soldier's death, so long as that property remains the home of the surviving spouse or parent.
Where the spouse of a soldier owns the property which is the soldier's home, the relief available under this Act is the same as would be available if the soldier were the owner of the property.
Sec. 49 of Trustee Act rep. and sub.
Section 49 of The Trustee Act, being chapter T160 of the Revised Statutes (in this section referred to as "the Act"), and the heading above section 49, are repealed and the following heading and section are substituted therefor:
POWER OF SURVIVING SPOUSE TO CARRY ON OPERATIONS
Where a farmer or the sole proprietor of an unincorporated business dies intestate, and the surviving spouse wishes to carry on the farming operation or business for the benefit of himself or herself and any infant children with capital belonging to himself or herself and them, the administrator may permit the surviving spouse to do so for as long as the administrator deems advisable, and the administrator is not responsible for losses incurred in the farming operation or business while it is so carried on.
A surviving spouse who carries on a farm operation or business in accordance with subsection (1) shall
(a) in due course, make good to the infant children and their representatives any losses which he or she incurs in carrying on the operation or business; and
(b) account to the administrator for the profits of the operation or business, less a reasonable allowance for the services of the spouse in carrying on the operation or business and for the cost of maintaining and educating the children while so doing.
Section 80 of the Act is amended by striking out the words "and notwithstanding that the beneficiary may be a married woman restrained from anticipation" in the 2nd, 3rd and 4th lines thereof.
Subsec. 3(3) of Vital Statistics Act am.
Subsection 3(3) of The Vital Statistics Act, being chapter 58 of the Statutes of Manitoba, 1982-83-84 (chapter V60 of the Continuing Consolidation of the Statutes of Manitoba), is amended by adding thereto, immediately after the figure "(2)" in the 2nd line thereof, the words and figure "unless the father and the woman make a joint request in writing under subsection (8) respecting the particulars of registration".
Cl. 2(1)(e) of Workers Compensation Act rep.
Clause 2(1) (e) of The Workers Compensation Act, being chapter W200 of the Revised Statutes (in this section referred to as "the Act"), is repealed.
Clause 2(1)(s) of the Act is repealed.
Clause 2(1)(v) of the Act is amended by adding thereto, immediately after the word "workman" in the 1st line thereof, the words "or worker".
Subsection 5(2) of the Act is amended by striking out the word "Tradesmen's" in the 3rd line thereof and substituting therefor the word "Trades".
Subsection 21(4) of the Act is repealed and the following subsections are substituted therefor:
Suspension for common-law relationship.
Where the surviving spouse of a deceased worker is receiving compensation, and the board determines that the surviving spouse is cohabiting with a person of the opposite sex in a relationship in which the surviving spouse is dependent upon the other person for support, the board may discontinue or suspend the payment of compensation to the spouse and may divert the compensation in whole or in part to, or for the benefit of, any other dependent of the deceased worker.
Where the board discontinues the payment of compensation under subsection (4), the surviving spouse is entitled to a lump sum of $3,600.00.
Subsecs. 25(1) and (2) rep. and sub.
Subsections 25(1) and (2) of the Act are repealed and the following subsections are substituted therefor:
Where a worker died before January 1, 1974 as a result of an accident, the compensation payable to the dependents of the worker shall be as follows :
(a) Where a surviving spouse is the sole dependent of the worker, a monthly payment of $693.00 for life.
(b) Where the dependents of the worker are a surviving spouse and a child or children under the age of 16 years, a monthly payment to the spouse of $693.00 for life and an additional $156.00 in respect of each child under the age of 16 years.
(c) Where the dependents of the worker are orphaned children, a monthly payment of $174.00 for each child under the age of 16 years.
(d) Where there is a parent of the worker wholly dependent upon the worker, a monthly payment not exceeding $693.00.
(e) Where there is a dependent child of the worker
(i) who is 16 years of age or more,
(ii) who is applying himself or herself, to the satisfaction of the board, in an elementary or secondary school course, in a course leading to a university degree, or in a course of technical or vocational training acceptable to the board, and
(iii) who has not been granted a university degree or completed a course of technical or vocational training, and it appears advisable to the board to furnish further or better education or training to the child, monthly amounts not exceeding
(iv) $174.00 in respect of a child who is not an orphan, and
(v) $192.00 in respect of a child who is an orphan, as the board may determine for the period which the child spends in furthering or bettering the child's education or training in a manner acceptable to the board, up to the time the child is granted a university degree or completes a course of technical or vocational training.
(f) Where there are dependents of the worker other than those mentioned in clauses (a) to (e), a sum which the board determines to be reasonable and proportionate to the pecuniary loss of the dependents occasioned by the death, but not exceeding
(i) in the case of any 1 dependent, monthly payments of $140.00, and
(ii) in the case of all dependents of the worker receiving compensation under this clause, an aggregate of $280.00 in any month.
In any case for which provision is made in this section, the compensation payable shall not exceed 75% of the average monthly earnings of the worker, except that
(a) where there is a surviving dependent spouse, the monthly payment shall be $693.00;
(b) where there is a surviving dependent spouse and 1 dependent child, the monthly payment shall be not less than the total of $693.00 and any amount payable in respect of that child under clause (1)(b) or (e); and
(c) where there is a surviving dependent spouse and 2 or more dependent children, the monthly payment shall not be less than the total of $693.00 and any amount payable under clause (1) (b) or (e) in respect of the 2 eldest of those children in respect of whom compensation is payable under either of those clauses.
Subsection 25(5) of the Act is repealed and the following subsection is substituted therefor:
Compensation payments under clause (1) (d) or (f) shall continue only so long as, in the opinion of the board, it might reasonably have been expected that, had the worker lived, the worker would have continued to contribute to the support of the dependents referred to in those clauses.
Section 25.1 of the Act is repealed and the following section is substituted therefor:
Where deceased worker survived by spouse.
Where a worker who dies after December 31, 1973 as a result of an accident is survived by a dependent spouse, the compensation payable shall be the greater of
(a) a monthly allowance equal to the compensation which would have been payable to the deceased worker if the worker had survived but had been permanently and totally disabled by the injury; or
(b) compensation calculated as provided under section 25.
Where a worker who dies after December 31, 1973 as a result of an accident is not survived by a dependent spouse, the compensation shall be calculated as provided under section 25.
Section 25.3 of the Act is amended by striking out the words "an aunt, sister" in the 3rd line thereof and substituting therefor the words "a relative".
Section 25.5 of the Act is repealed and the following section is substituted therefor:
Compensation to common-law spouse.
Where
(a) during the entire period of 3 years immediately prior to the death of a worker, the worker has cohabited with a person of the opposite sex in a relationship in which the other person has been dependent upon the worker for support; and
(b) the worker is not survived by a dependent legal spouse;
the board shall pay to the person referred to in clause (a) the compensation to which a surviving dependent spouse would have been entitled under this Act.
Where there is a child born of the relationship between the deceased worker and the person referred to in subsection (1), and the deceased worker is not survived by a dependent legal spouse, compensation shall be payable under subsection (1) if the worker and the other person have cohabited during the entire period of 1 year immediately prior to the worker's death.
The board may terminate the compensation payable under this section in accordance with subsection 21(4) or section 27, as the case may be and with the necessary modifications.
Subsection 27(1) of the Act is repealed and the following subsection is substituted therefor :
Where the surviving spouse of a worker is receiving compensation and he or she remarries, and the board determines that the surviving spouse is dependent upon his or her new spouse for support, the board may terminate monthly payments to the surviving spouse, but upon so doing shall pay the surviving spouse a lump sum of $3,600.00.
The Act is further amended by adding thereto, immediately after section 37.1 thereof, the following section:
Notwithstanding any other provision of this Act, the total compensation payable under this Act in respect of the death of a worker shall not exceed the compensation which would have been payable to the worker had the worker survived but been permanently and totally disabled by the injury.
Where a worker has died leaving more than 1 dependent who is entitled to compensation under this Act, the board may, for purposes of complying with subsection (1), apportion the compensation payable to the dependents in appropriate amounts relative to each dependent's degree of dependency on the deceased worker.
Cl. 1(g) of City of Winnipeg Act rep.
Clause 1(g) of The City of Winnipeg Act, being chapter 105 of the Statutes of Manitoba, 1971, is repealed.
This Act, except section 13, subsections 17(3), 22(2) and (3), 28(13) to (15), 29(1) and 32(1), and sections 37 and 42, comes into force on the day it receives the royal assent, and
(a) section 13, subsection 17(3) and section 37 come into force on September 1, 1985;
(b) subsections 22(2) and (3), 28(13) to (15), 29(1) and 32(1), and section 42 come into force on November 1, 1986; and
(c) section 41 is retroactive and shall be deemed to have been in force on, from and after July 1,1985.