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S.M. 1985-86, c. 51

The Statute Law Amendment Act 1985

(Assented to July 11, 1985)

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

Cl. 1 (b) of Bee Act rep. and sub.

1(1)

Clause 1(b) of The Bee Act, being chapter 49 of the Statutes of Manitoba, 1970 (chapter B15 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is repealed and the following clause is substituted therefor:

(b) "bee" means the insect

(i) Apis mellifera, or

(ii) Megachile rotundata;.

Sec. 14 am.

1(2)

Section 14 of the Act is amended by adding thereto, immediately after clause (a) thereof, the following clause:

(a.1) designating for the purposes of this Act, other insects as bees;.

Definition of "registrar" in Builders' Liens Act rep. and sub.

2(1)

The definition of "registrar" in section 1 of The Builders' Liens Act, being chapter 7 of the Statutes of Manitoba, 1980-81 (chapter B91 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is repealed and the following definition is substituted therefor:

"registrar" includes

(i) a district registrar,

(ii) with respect to a lien registered in the office of a recorder of a mining district, the recorder,

(iii) with respect to a lien registered in the office of the Director of the Petroleum Branch of the Department of Energy and Mines, the Director of the Petroleum Branch, and

(iv) with respect to a lien registered in the office of the Director of Crown Lands, the Director of Crown Lands;.

Definition of "registry office" rep. and sub.

2(2)

The definition of "registry office" in section 1 of the Act is repealed and the following definition is substituted therefor:

"registry office" includes a land titles office and "land titles office" includes

(i) a registry office,

(ii) with respect to a lien registered in the office of a recorder of a mining district, the office of the recorder,

(iii) with respect to a lien registered in the office of the Director of the Petroleum Branch of the Department of Energy and Mines, the office of the Director of the Petroleum Branch, and

(iv) with respect to a lien registered in the office of the Director of Crown Lands, the office of Director of Crown Lands;.

Sec. 3 am.

2(3)

Section 3 of the Act is amended by adding thereto, immediately after subsection (2) thereof, the following subsection:

Act not to apply to certain Manitoba Hydro contracts.

3(3)

This Act does not apply to contracts, or work related to contracts, entered into by Manitoba Hydro with respect to or in any way associated with the construction, repair or maintenance of hydro-electric generating stations or facilities, and plant appurtenant thereto.

Subsec. 37(4) rep. and sub.

2(4)

Subsection 37(4) of the Act is repealed and the following subsections are substituted therefor:

Lien on mineral location for mining.

37(4)

Where a claim for a lien is made upon a mineral location as defined in The Mines Act, in respect of which the Crown has given to any person a disposition of mineral rights other than oil and natural gas rights, and for which no certificate of title has been issued under The Real Property Act and no grant has been registered under The Registry Act, the claim for lien and any lis pendens, judgment, order or other document issued from the court in respect thereof, and any other document relating thereto, shall be registered in the office of the recorder of the mining district in which the land is situated.

Lien on oil and gas mineral location.

37(4.1)

Where a claim for lien is made upon a mineral location, as defined in The Mines Act, in respect of which the Crown has given to any person a disposition of oil and natural gas rights and for which no certificate of title has been issued under The Real Property Act and no grant has been registered under The Registry Act, the claim for lien and any lis pendens, judgment, order or other document issued from the court in respect thereof, and any other document relating thereto, shall be registered in the office of the Director of the Petroleum Branch of the Department of Energy and Mines.

Subsec. 3(4.1) of Centennial Centre Corporation Act added.

3(1)

The Centennial Centre Corporation Act, being chapter C40 of the Revised Statutes (hereinafter referred to as "the Act"), is amended by adding thereto, immediately after subsection 3(4) thereof, the following subsection:

Disposition of former Centennial Corporation real property.

3(4.1)

Notwithstanding any provision of An Act to incorporate The Manitoba Centennial Corporation, being chapter 9 of the Statutes of Manitoba, 1963, as amended by section 11 of chapter 59 of the Statutes of Manitoba, 1966, the corporation may, with the written approval of the minister, transfer, convey, mortgage, or otherwise dispose of any real property of which The Manitoba Centennial Corporation created and constituted by the said Act is the registered owner, and the proceeds of any such transfer, conveyance, mortgage or other disposition shall form part of the funds of the corporation to be utilized for the purposes of this Act.

Sec. 10 rep. and sub.

3(2)

Section 10 of the Act is repealed and the following section is substituted therefor:

Corporation, occupiers and centennial centre exempt from taxation.

10

Notwithstanding any other Act of the Legislature, the corporation and any lawful occupier of the centennial centre or any part thereof, and the centennial centre are not liable to taxation, or to be taxed, except in the case of an occupier for any business tax, by any municipality whether for municipal, school, hospital, local improvement or other purposes and no grant in lieu of any such taxes or taxation is required to be made in respect of the corporation, or any lawful occupier of the centennial centre or any part thereof, or the business of the corporation, or the centennial centre by the corporation or by the government.

Sec. 1 Centennial Projects Tax Status Act am.

4

Section 1 of The Centennial Projects Tax Status Act, being chapter 32 of the Statutes of Manitoba, 1974, is amended

(a) by striking out the word "and" at the end of clause (b) thereof;

(b) by adding the word "and" at the end of clause (c) thereof; and

(c) by adding thereto, immediately after clause (c) thereof, the following clause:

(d) the lands, including all buildings and structures thereon or to be erected thereon, now or hereafter owned by The Royal Winnipeg Ballet or any corporation which it causes to be incorporated for the purpose of holding title thereto, within the area in The City of Winnipeg bounded on the West by Edmonton Street on the South by St. Mary Avenue on the East by Carlton Street and on the North by Graham Avenue, and used or held for the purposes of The Royal Winnipeg Ballet.

Subsec. 7.1(1) of Child Welfare Act am.

5(1)

Subsection 7.1(1) of The Child Welfare Act, being chapter 30 of the Statutes of Manitoba, 1974 (chapter C80 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is amended by adding thereto, immediately after the word "order" in the 3rd line thereof, the word "apprehension".

Cl. 94(3)(c) am.

5(2)

Clause 94(3)(c) of the Act is amended by adding thereto, immediately after the word "both" thereof the word "clauses".

Subsec. 3(2) of Corrections Act rep. and sub.

6(1)

Subsection 3(2) of The Corrections Act, being chapter C230 of the Revised Statutes (hereinafter in this section referred to as "the Act"), is repealed and the following subsection is substituted therefor:

Probation officers.

3(2)

Notwithstanding subsection (1), the minister may designate certain persons or classes of persons to act as probation officers or honorary probation officers, with power to act in that capacity at any place within the province, for such duration and upon such terms and conditions, and with such remuneration, as the minister may consider necessary.

Subsec. 3(3) rep.

6(2)

Subsection 3(3) of the Act is repealed.

Subsec. 3(1) of Court of Appeal Act am.

7

Subsection 3(1) of The Court of Appeal Act, being chapter C240 of the Revised Statutes, is amended by striking out the figure "5" in the 3rd line thereof and substituting therefor the figure "6".

Secs. 3 and 5 of Act to amend The Queen's Bench Act rep.

8

Sections 3 and 5 of An Act to amend The Queen's Bench Act, being chapter 81 of the Statutes of Manitoba 1982-83-84, are repealed.

Sec. 71 and subsecs. 72(1), (2) and (3) of Queen's Bench Act rep.

9

Section 71 and subsections 72(1), (2) and (3) of The Queen's Bench Act, being chapter C280 of the Revised Statutes, are repealed.

Secs. 3 and 4 and subsec. 5(1) of Court of Q. B. Small Claims Practices Act am.

10

Sections 3 and 4 and subsection 5(1) of The Court of Queen's Bench Small Claims Practices Act, being chapter 83 of the Statutes of Manitoba, 1982-83-84 (chapter C285 of the Continuing Consolidation of the Statutes of Manitoba), are amended by striking out the symbol and figures "$l,000.00‘

(a) in the 3rd line of section 3;

(b) in the 2nd line of section 4; and

(c) in the 3rd line of subsection 5(1);

and substituting therefor in each case, the symbol and figures "$3,000.00".

Subsec. 42(3) of Provincial Court Act am.

11

Subsection 42(3) of The Provincial Court Act, being chapter 52 of the Statutes of Manitoba 1982-83-84 (chapter C275 of the Continuing Consolidation of the Statutes of Manitoba), is amended by striking out the words and brackets "(Family Division)".

Sec. 1 of Dangerous Goods Handling and Transportation Act am.

12(1)

Section 1 of the French version of The Dangerous Goods Handling and Transportation Act, being chapter 7 of the Statutes of Manitoba, 1984-85 (chapter D12 of the Continuing Consolidation of the Statutes of Manitoba), is amended

(a) by striking out the word "est" where it appears for the 1st time in the 1st line of sub-clause (iii) of the definition of "contaminant" and substituting therefor the word "porte"; and

(b) by adding immediately after the definition of "ministre" thereof the following definition:

"municipalité" Localité dont les habitants sont constitués en corporation et prorogés sous le régime de la Loi sur les municipalités, la Loi sur les districts d'administration locale ou toute autre loi de la Législature. La présente définition vise les municipalités rurales, les villes ou les villages constitués en corporation et les districts d'administration locale.

Subsec. 40(2) am.

12(2)

Subsection 40(2) of the French version of the Act is amended by striking out the words "le gouvernement du Canada ou un" and substituting therefor the words "tout autre gouvernement au Canada ou".

Cl. 18(2)(b) of Elections Act am.

13(1)

Clause 18(2) (b) of The Elections Act, being chapter 67 of the Statutes of Manitoba, 1980 (chapter E30 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is amended by striking out the word "Boundaries" therein and substituting therefor the word "Divisions".

Subsec. 136(4) am.

13(2)

Subsection 136(4) of the Act is amended by striking out the word "registrar" therein and substituting therefor the words "returning officer".

Sec. 37 of Elections Finances Act am.

14

Section 37 of The Elections Finances Act, being chapter 45 of the Statutes of Manitoba, 1982-83-84 (chapter E32 of the Continuing Consolidation of the Statutes of Manitoba), is amended

(a) by adding thereto, immediately after the word "contribution" in the 3rd line thereof the words and figures "of $25.00 or more"; and

(b) by striking out the word "each" in the 4th line thereof and substituting therefor the word "the".

Subsec. 19(1) of Fisheries Act am.

15

Subsection 19(1) of The Fisheries Act, being chapter F90 of the Revised Statutes, is amended by striking out the symbol and figures "$4,000,000.00" in the 6th line thereof and substituting therefor the symbol and figures "$6,000,000.00".

Sec. 3 of Government House Act rep. and sub.

16

Section 3 of The Government House Act, being chapter G80 of the Revised Statutes, is repealed and the following section is substituted therefor:

Provision for necessary expenses.

3

There shall be provided from the Consolidated Fund in each year a sum sufficient for the liquidation of all the expenses necessary for the furnishing of Government House and the keeping of the buildings and furnishings of Government House in repair, the erection and maintenance of any additions to Government House and any additional buildings, structures or fences upon the grounds of Government House, and the maintenance of the grounds of Government House and the secretarial and all other necessary office expenses of the Lieutenant Governor.

Sec. 13 of Department of Health Act am.

17(1)

The Department of Health Act, being chapter H20 of the Revised Statutes (hereinafter in this section referred to as "the Act"), is amended by adding thereto, immediately after section 12 thereof, the following section:

Fiscal year.

13

The fiscal year for the department is the period of 12 months ending on the 31st day of March in each year.

Sec. 18 am.

17(2)

Section 18 of the Act is amended

(a) by adding thereto, immediately after the word "each" in the 2nd line thereof the word "fiscal"; and

(b) by striking out the words "and not later in any event than the 1st day of March next following,".

Subsec. 7(2.1) of Human Rights Act added.

18

Section 7 of The Human Rights Act, being chapter 65 of the Statutes of Manitoba, 1974 (chapter H175 of the Continuing Consolidation of the Statutes of Manitoba), is amended by adding thereto, immediately after subsection (2) thereof, the following subsection:

Subject to Pension Benefits Act.

7(2.1)

Subsection (2) is subject to subsection 21(6.4) of The Pension Benefits Act.

Sec. 3 of Manitoba Intercultural Council Act am.

19(1)

Section 3 of The Manitoba Intercultural Council Act, being chapter 13 of the Statutes of Manitoba, 1982-83-84 (chapter I55 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is amended by adding thereto, at the end thereof, the words "and may undertake such other ethnocultural activities as the council deems advisable".

Sec. 19 am.

19(2)

Section 19 of the Act is amended by striking out the words "established for the purpose of carrying out objects similar to those of the council".

Cl. 19(1)(e) of Interpretation Act added.

20(1)

Subsection 19(1) of The Interpretation Act, being chapter I80 of the Revised Statutes (hereinafter in this section referred to as "the Act"), is amended by adding thereto, immediately after clause (d) thereof, the following clause:

(e) fixing, and authorizing the payment of, the reasonable expenses the public officer necessarily incurs in carrying out the powers, duties and functions relating to the appointment, and varying or terminating those expenses;.

Cl. 23(11(29) am.

20(2)

Clause 23(1) (29) of the Act is amended by striking out the word "Judges" in the 2nd line thereof and substituting therefor the word "Court".

Cl. 2(a) of Land Acquisition Act am.

21

Clause 2(a) of The Land Acquisition Act, being chapter L40 of the Revised Statutes of Manitoba, is amended by striking out the words "but does not include the legal costs" in the 7th and 8th lines thereof and substituting therefor the words "and the legal costs of the authority".

Subsec. 111(5) of Landlord and Tenant Act am.

22(1)

Subsection 111(5) of The Landlord and Tenant Act, being chapter L70 of the Revised Statutes of Manitoba (hereinafter in this section referred to as the Act), is amended by adding thereto, immediately after the figure "(4)" in the 1st line thereof, the words and figure "but subject to subsection (6)".

Subsec. 111(6) added.

22(2)

Section 111 of the Act is further amended by adding thereto, immediately after subsection (5) thereof, the following subsection:

Stay of order for possession.

111(6)

Where an order for possession is granted under section 110 and an appeal against the order is made, the order for possession is stayed until the appeal is finally disposed of, unless the judge granting the order for possession otherwise orders.

Subsec. 121.1(1) am.

22(3)

Subsection 121.1(1) of Act is amended by striking out the word "their" in the 1st line thereof and substituting therefor the words "the rentalsman's".

Cl. 2(j) of Law Society Act am.

23

Clause 2(j) of The Law Society Act, being chapter L100 of the Revised Statutes, as enacted by subsection 31(1) of chapter 85 of the Statutes of Manitoba, 1982-83-84, is amended by relettering clause "(j)" as "(j.1)".

Subsec. 11(3) of Legal Aid Services Society of Manitoba Act rep. and sub.

24(1)

Subsection 11(3) of The Legal Aid Services Society of Manitoba Act, being chapter 76 of the Statutes of Manitoba, 1971, (chapter L105 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is repealed and the following subsection is substituted therefor:

Area director may be registered.

11(3)

A solicitor appointed as an area director may become registered as a member of the panel, but may not, unless employed for the society's purposes under subsection 8(1), undertake the furnishing of legal aid without the approval of the executive director.

Subsec. 12(1) rep. and sub.

24(2)

Subsection 12(1) of the Act is repealed and the following subsection is substituted therefor:

Selection or appointment of solicitor.

12(1)

Subject to section 13, any legal aid furnished to an individual under section 3 or to a group under subsection 3.1(1)

(a) shall be furnished by a solicitor selected from the panel by the individual or the group, as the case may be; or

(b) where the individual or the group declines or is unable to select a solicitor under clause (a), shall be furnished by a solicitor appointed from the panel by either

(i) in the case of an individual's application the area director authorized under section 10 to receive the application, or the executive director, or

(ii) in the case of a group's application, the executive director.

Cl. 59(3)(b) of Legislative Assembly Act rep. and sub.

25

Clause 59(3)(b) of The Legislative Assembly Act, being chapter L110 of the Revised Statutes, is repealed and the following clause is substituted therefor:

(b) the average yearly industrial aggregate wage for Manitoba for the numerical year ending before the beginning of the fiscal year for which the indemnity is paid as that average is calculated by the Manitoba Bureau of Statistics on the basis of the average weekly wage, industrial aggregate for the month for Manitoba for the months in that numerical year as determined by Statistics Canada and set out in the Manitoba Statistical Review issued by the Manitoba Bureau of Statistics.

Sec. 16 of Legislative Library Act rep.

26

Section 16 of The Legislative Library Act, being chapter L120 of the Revised Statutes, is repealed.

Subsec. 4(2) of Conflict of Interest M.L.A.'s etc. Act am.

27(1)

Subsection 4(2) of The Legislative Assembly and Executive Council Conflict of Interest Act, being chapter 27 of the Statutes of Manitoba, 1982-83-84 (chapter L112 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is amended by adding thereto, immediately after clause (a) thereof, the following clause:

(a.1) a meeting of the Legislative Assembly Management Commission;.

Cl. 12(h) am.

27(2)

Clause 12(h) of the Act is amended by striking out everything after the word "excluding" in the 3rd line thereof and substituting therefor the following:

(i) gifts from a family member,

(ii) gifts disclosed in any previous statement filed under section 11, and (iii) gifts received before the member was first elected to the Legislative Assembly or the minister was first appointed to the Executive Council; and.

Subsec. 19(1) rep. and sub.

27(3)

Subsection 19(1) of the Act is repealed and the following subsection is substituted therefor:

Disqualification for violation.

19(1)

A member who violates any provision of this Act is disqualified from office, and the member's seat in the Legislative Assembly becomes vacant, as of the time of the declarations referred to in clauses 22(1)(a) and 22(2)(a).

Legislative Assembly Management Commission Act am.

28(1)

Section 1 of The Legislative Assembly Management Commission Act, being chapter 77 of the Statutes of Manitoba, 1982-83-84 (chapter L114 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is amended

(a) by adding thereto, immediately after the definition of "other opposition party", the following definition:

"presiding commissioner" means the commissioner elected under subsection 4(2) to preside at meetings of the commission in the absence of the Speaker or when there is no Speaker;

and

(b) by striking out the definition of "Speaker" therein and substituting therefor the following definition:

"Speaker" means the Speaker of the Assembly and includes, in the absence of the Speaker or when there is no Speaker, the presiding commissioner.

Subsec. 4(2) rep. and sub.

28(2)

Subsection 4(2) of the Act is repealed and the following subsection is substituted therefor:

Other presiding commissioner.

4(2)

Upon the Clerk calling a meeting of the commission pursuant to subsection (4), or when there is no person elected by the commission to preside at its meetings in the absence of the Speaker or when there is no Speaker, or in the absence of such a person, the commission shall, as soon as practicable, elect from among the commissioners a commissioner to preside at meetings of the commission in the absence of the Speaker or when there is no Speaker.

Subsec. 4(4) rep. and sub.

28(3)

Subsection 4(4) of the Act is repealed and the following subsection is substituted therefor:

Calling meetings of the commission.

4(4)

The commission shall meet at the call of the Speaker, or, in the absence of the Speaker or when there is no Speaker, at the call of the presiding commissioner, or, in the absence of both the Speaker and the presiding commissioner or when there is neither a Speaker nor a presiding commissioner, and for the purpose only of electing a presiding commissioner and for the general organization of the commission, at the call of the Clerk.

Subsec. 5(1) am.

28(4)

Subsection 5(1) of the Act is amended

(a) by striking out clause (a) thereof and substituting therefor the following clause:

(a) the Speaker or the presiding commissioner; and

(b) by adding thereto, immediately after clause (c) thereof, as separate lines, the following:

"provided that where the commission meets at the call of the Clerk pursuant to subsection 4(4), clause (a) shall not apply."

Subsec. 6(1) of French Manitoba Lotteries Foundation Act rep. and sub.

29(1)

Subsection 6(1) of the French version of The Manitoba Lotteries Foundation Act, being chapter 21 of the Statute of Manitoba, 1982 (chapter L210 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is repealed and the following subsection is substituted therefor:

Produit des loteries du gouvernement

6(1)

La Fondation doit, sur le produit net qu'elle tire de la conduite et de l'administration de systèmes de loterie en vertu de la présente partie, après déduction des frais de conduite et d'administration de ces systèmes et des autres montants que le ministre juge indiqués pour les frais d'application de la présente loi a) en transférer au gouvernement la partie que le lieutenant-gouverneur en conseil détermine, laquelle partie est gardée en dépôt au Trésor et sert aux fins prévues au paragraphe (2) ou (3); ou b) verser le reste sous forme de subventions aux organisations, sociétés, associations, groupements ou groupes, conformément aux directives générales du lieutenant-gouverneur en conseil.

Sec. 8(1) am.

29(2)

Subsection 8(1) of the French version of the Act is amended by striking out the words "et dont la nomination est approuvée par le Vérificateur provincial".

Sec. 12 am.

29(3)

Section 12 of the French version of the Act is amended by striking out all the words which follow the words "les frais d'application de la présente loi" and substituting therefor the words "être traité conformément à l'article 6, sous réserve de toute obligation s'y rapportant et prévue à l'accord conclu en vertu de l'article 11 en ce qui concerne le système de loterie".

Sec. 12 am.

29(4)

Section 12 of the Act is further amended

(a) by striking out the words "the agreement" in the 2nd last line thereof and substituting therefor the words "an agreement"; and

(b) by striking out the words "treat the moneys" in the last line thereof and substituting therefor the words "be treated".

Subsec. 13(1) rep. and sub.

29(5)

Subsection 13(1) of the French version of the Act is repealed and the following subsection is substituted therefor:

Vérification des registres des vendeurs

13(1)

La Fondation peut faire faire par le Vérificateur provincial ou par un vérificateur qu'elle nomme une vérification des livres, registes et comptes d'un vendeur qui se rapportent à un système de loterie conduit et administré conformément à une licence délivrée en vertu du Code criminel (Canada), ou qui peuvent contenir des renseignements ou des détails se rapportant à ce système.

Sec. 14.1 added.

29(6)

The French version of the Act is further amended by adding thereto, immediately after section 14 thereof, the following section:

Violation des modalités d'une licence

14.1

Quiconque contrevient ou omet de se conformer à une modalité d'une licence délivrée par la Fondation pour la conduite et l'administration d'un système de loterie commet une infraction et se rend passible, sur déclaration sommaire de culpabilité, en plus de tout autre recours que la Fondation peut avoir ou de toute autre mesure qu'elle peut prendre, d'une amende maximale de 500$.

Sec. 55 of Mines Act rep.

30

Section 55 of The Mines Act, being chapter M160 of the Revised Statutes, is repealed.

Cl. 10(h) of Municipal Council Conflict of Interest Act am.

31(1)

Clause 10(h) of The Municipal Council Conflict of Interest Act, being chapter 44 of the Statutes of Manitoba, 1982-83-84 (chapter M255 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is amended by striking out everything after the word "excluding" in the 3rd line thereof and substituting therefor the following subclauses:

(i) gifts from a family member,

(ii) gifts disclosed in any previous statement filed under section 9, and

(iii) gifts received before the councillor was first elected to the council; and

Subsec. 18(1) rep. and sub.

31(2)

Subsection 18(1) of the Act is repealed and the following subsection is substituted therefor:

Disqualification for violation.

18(1)

A councillor who violates any provision of this Act is disqualified from office, and the councillor's seat on council becomes vacant, as of the time of the declarations referred to in clauses 21(1)(a) and 21(2)(a).

Sec. 3 of Perpetuities and Accumulations Act am.

32(1)

Section 3 of The Perpetuities and Accumulations Act, being chapter 43 of the Statutes of Manitoba, 1982-83-84 (chapter P32.5 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section referred to as "the Act"), is amended by striking out the word "dans" therein and substituting therefor the word "de".

Subsec. 4(1) rep. and sub.

32(2)

Subsection 4(1) of the Act is repealed and the following subsection is substituted therefor:

Effect of successive legal interests.

4(1)

Successive legal interests, whether valid or invalid at common law or as executory interests, take effect in equity behind a trust, except that any successive legal interest which would not be valid as an equitable interest behind a trust is invalid for all purposes.

Subsec. 4(4) am.

32(3)

Subsection 4(4) of the Act is amended by striking out the word "instruments" in the 2nd line thereof and substituting therefor the word "instrument".

Cl. 5(2)(a) am.

32(4)

Clause 5(2)(a) of the Act is amended by striking out the words "rules against perpetuities" in the 2nd and 3rd lines thereof and substituting therefor the words "rule in Whitby and Mitchell".

Cl. 5(2)(c) am.

32(5)

Clause 5(2)(c) of the Act is amended by striking out the words "rules against perpetuities" in the 1st and 2nd lines thereof and substituting therefor the words "rule in Whitby and Mitchell".

Sec. 8 of Prescription Drugs Cost Assistance Act am.

33

Section 8 of The Prescription Drugs Cost Assistance Act, being chapter 27 of the Statutes of Manitoba, 1973 (chapter P115 of the Continuing Consolidation of the Statutes of Manitoba), is amended

(a) by adding thereto, at the end of clause (b) thereof, the word "or"; and

(b) by adding thereto, immediately after clause (b) thereof, as amended, the following clause:

(c) for the cost of a drug that is not a specified drug;.

Subsec. 22(1) of Provincial Police Act am.

34

Subsection 22(1) of The Provincial Police Act, being chapter P150 of the Revised Statutes is amended by adding thereto, immediately after the word "of" in the 1st line thereof, the words "not less than".

Subsec. 7(2) of Public Works Act am.

35(1)

Subsection 7(2) of The Public Works Act, being chapter P300 of the Revised Statutes (hereinafter in this section referred to as "the Act"), is amended

(a) by striking out the words "more than five thousand dollars" in the 2nd and 3rd lines of clause (b) thereof and substituting therefor the symbol, figures and words "$25,000.00 or more"; and

(b) by striking out the words "five thousand dollars" in the 3rd line of clause (c) thereof and substituting therefor the symbol and figures "$25,000.00".

Subsec. 7(3) rep. and sub.

35(2)

Subsection 7(3) of the Act is repealed and the following subsection is substituted therefor:

Disposal of property under $25,000.00 in value.

7(3)

Where the value of any parcel or item of real or personal property to be sold or disposed of under subsection (2) is in the opinion of the minister less than $25,000.00, the approval of the Lieutenant Governor in Council to the sale or disposal is not required, regardless of whether the parcel or item is to be sold

(a) separately; or

(b) as part of a group, lot or set of 2 or more parcels or items having in the opinion of the minister an aggregate value of $25,000.00 or more.

Sec. 6.1 of Snowmobile Act added.

36(1)

The Snowmobile Act, being chapter 59 of the Statutes of Manitoba, 1970 (chapter S150 of the Continuing Consolidation of the Statutes of Manitoba) (hereinafter in this section called "the Act"), is amended by adding thereto, immediately after section 6 thereof, the following section:

Issuance of validation stickers.

6.1

In addition to the registration number plate required under clause 6(b), there shall be affixed thereto, in each registration period or portion thereof for which new registration number plates are not issued, a validation sticker issued by the registrar showing a distinctive number and the expiry date of the registration period for which it is issued, and which shall be affixed to the registration number plate in a manner prescribed in the regulations.

Cl. 16(b) am.

36(2)

Clause 16(b) of the Act is amended by adding thereto, at the end thereof, the words "with a validation sticker affixed where required by section 6.1".

Cl. 50(o) added.

36(3)

Section 50 of the Act is amended by adding thereto, immediately after clause (n) thereof, the following clause:

(o) prescribing the manner of and the position for affixing validation stickers to registration number plates.

Section 33 of Summary Convictions Act rep. and sub.

37

Section 33 of The Summary Convictions Act, being chapter 4 of the Statutes of Manitoba, 1985 (chapter S230 of the Continuing Consolidation of the Statutes of Manitoba), is repealed and the following section is substituted therefor:

Commencement of Act.

33(1)

This Act, except subsections 19(1), (2), (3) and (5), 20(4) and 21(2), comes into force on the day it receives the royal assent.

Proclamation.

33(2)

Subsections 19(1), (2), (3) and (5), 20(4) and 21(2) come into force on a day fixed by proclamation.

Secs. 29, 30 and 33 and subsecs. 32(5), 35(1) and 35(2) of Workers Compensation Act am.

38(1)

The Workers Compensation Act, being chapter W200 of the Revised Statutes (hereinafter in this section referred to as "the Act"), is amended by striking out the symbol and figures "$590." in

(a) the 4th and 5th lines of section 29;

(b) the last line of section 30;

(c) the 2nd and 4th lines of subsection 32(5);

(d) the 6th line of section 33;

(e) the 4th and 5th lines of subsection 35(1); and

(f) the last line of subsection 35(2);

and substituting therefor in each case the symbol and figures "$693.".

Sec. 31.6 added.

38(2)

The Act is further amended by adding thereto, immediately after section 31.5 thereof, the following section:

Increase in allowance for accidents before 1983.

31.6

Where immediately before July 1,1985, a person was receiving a periodic payment under this Part as compensation in respect of a permanent disability arising from an accident that happened before January 1, 1983, the periodic payments shall, as of July 1, 1985, be increased above the periodic payment to which that person was entitled as of June 30,1985, as the Act was on that date

(a) if the accident happened before January 1, 1982, by 17.4%; and

(b) if the accident happened after December 31, 1981, and before January 1, 1983, by 5.6%.

Sec. 10.1 of Municipal Affairs Administration Act added.

39

The Municipal Affairs Administration Act, being chapter M230 of the Revised Statutes, is amended by adding thereto, immediately after section 10 thereof, the following section:

Levies for police services.

10.1

The minister, in each year, by certificate under the hand of the minister, may levy, upon the basis of the equalized assessment made by the Provincial Municipal Assessor and at a rate to be determined by the minister, against

(a) any town or village having a population of less than 750 inhabitants;

(b) any rural municipality; and

(c) any local government district;

that has not, under The Municipal Act, provided for police services within its boundaries or that has, under that Act, provided for partial police services within its boundaries, an amount to assist in financing the police services in whole or in part, or that portion of the police services, as the case may be, for which the town, village, rural municipality or local government district, as the case may be, has not under that Act provided, and each year the minister shall cause a statement showing the amount of the levy to be transmitted to each town, village, rural municipality and local government district that is subject to the levy.

Subsec. 17(2) of Water Rights Act am.

40

Subsection 17(2) of The Water Rights Act, being chapter 25 of the Statutes of Manitoba, 1982-83-84, as enacted by subsection 13(2) of The Statute Law Amendment Act (1984) (2), being chapter 19 of the Statutes of Manitoba, 1984, is amended by striking out the word and figure "subsection (4)" in the 3rd line thereof and substituting therefor the word and figure "section 4".

Commencement of Act.

41(1)

This Act, except sections 26, 30 and 40, comes into force on the day it receives the royal assent but

(a) section 13 is retroactive and shall be deemed to have been in force on, from and after November 15, 1980;

(b) section 12 is retroactive and shall be deemed to have been in force on, from and after August 20,1984;

(c) section 14 is retroactive and shall be deemed to have been in force on, from and after January 1, 1985;

(d) section 37 is retroactive and shall be deemed to have been in force on, from and after June 26, 1985.

(e) section 38 is retroactive and shall be deemed to have been in force on, from and after July 1, 1985.

Proclamation.

41(2)

Sections 26, 30 and 40 come into force on a day fixed by proclamation.