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S.M. 1986-87, c. 7
An Act to amend The Trade Practices Inquiry Act
(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Subsection 5(1) of The Trade Practices Inquiry Act, being chapter T110 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsection is substituted therefor:
Appointment of Board to inquire.
Where the minister has reason to believe that any of the conditions set out in section 3 may exist in a trade, whether or not a complaint in writing has been made under that section, the minister shall recommend to the Lieutenant Governor in Council that an inquiry be made into the conditions existing in the trade and any matters incidental to or arising out of or in any way connected with it and the Lieutenant Governor in Council may
(a) appoint one or more persons as a board to make the inquiry; or
(b) refer the matter to the Public Utilities Board for inquiry pursuant to section 107 of The Public Utilities Board Act.
Subsecs. 11(2) to 11(6) rep. and sub.
Subsections 11(2), (3), (4), (5) and (6) of the Act are repealed and the following subsections are substituted therefor:
Regulations respecting prices.
Where a board appointed under clause 5(1)(a) recommends in an interim or final report that the price of the article or product be controlled and in the opinion of the Lieutenant Governor in Council, the article or product
(a) is essential in the day to day activities of a significant number of people in the province;
(b) is distributed through a system which limits competition; and
(c) is not an article or product for which a reasonable substitute can be easily and widely obtained; the Lieutenant Governor in Council may, by regulation, prescribe the maximum price that may be charged for the article or product at any stage in its production, distribution or marketing.
A regulation under subsection (2)
(a) shall specify a day upon which it expires;
(b) may establish maximum prices at different stages of production or distribution of the article or product;
(c) may establish maximum prices for different methods of marketing the article or product;
(d) may apply to all or a part of the province; and
(e) may establish different maximum prices for different areas of the province specified in the regulation.
Change of expiry date or terms.
The Lieutenant Governor in Council without obtaining any further report may change the expiry date or vary any of the terms of a regulation under subsection (2).
Where the Public Utilities Board has under clause 5(1)(b) inquired into a trade and has concluded that the circumstances described in clauses (2)(a), (b) and (c) exist, the board may make an order and subsections (2), (3) and (4) apply to that order as if the order was a regulation.
Every person who charges or seeks to charge, whether by way of sale price, service charge, commission or otherwise, a price for an article or product sold or provided by him that is in excess of the maximum price prescribed for the article or product under the regulations made pursuant to subsection (2) or an order made pursuant to subsection (5) is guilty of an offence and liable, on summary conviction, to a fine of not less than $50. or more than $1,000.
A person is guilty of a separate offence for each transaction that constitutes an offence under subsection (6).
This Act comes into force on the day it receives the royal assent.