The Statute Law Amendment Act 1986

S.M. 1986-87, c. 19

The Statute Law Amendment Act 1986

(Assented to September 10, 1986)

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

Subsec. 6(6) of Alcoholism Foundation Act am.

1(1)

Subsection 6(6) of The Alcoholism Foundation Act, being chapter A60 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by striking out the word "by-law" in the first line thereof and substituting therefor the word "resolution".

Subsec. 11(2) rep.

1(2)

Subsection 11(2) of the Act is repealed.

Sec. 33 of Amusements Act am.

2(1)

Section 33 of The Amusements Act, being chapter A70 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended:

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

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

(c) by adding immediately after clause (j) the following clause:

(k) governing by regulation, the showing of film.

Cl. 62(f.l) added.

2(2)

Section 62 of the Act is amended by adding immediately after clause (f) the following clause:

(f.1) governing the showing of film.

Subsec. 1(1) of M. P. I. C. Act am.

3(1)

Subsection 1(1) of The Manitoba Public Insurance Corporation Act, being chapter A180 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended

(a) by striking out the words and figures "subsection (4) of section 6" in the 2nd line of sub-clause (y)(i) thereof and substituting therefor the word and figures "subsection 5(6)";

(b) by striking out the word "snowmobile" in the 1st line of sub-clause (y)(v) thereof and the words and figures "subsection (11) of section 6" in the 2nd line of that sub-clause and substituting therefor the words "snow vehicle" and the word and figures "subsection 5(13)" respectively;

(c) by striking out the words and figures "section 16 or 17" in the 2nd line of sub-clause (ii)(ii) thereof and substituting therefor the words and figures "section 15 or 16"; and

(d) by striking out the word and figures "section 83" in sub-clause (ii)(iii) thereof and substituting therefor the word and figures "section 87".

Sec. 18 am.

3(2)

Section 18 of the Act is amended

(a) by striking out the words and figures "section 234, 235 or 236" in the 8th line of subsection (1) thereof and substituting therefor the words and figures "clause 237(a), clause 237(b) or subsection 238(5)";

(b) by striking out the words and figures "section 234, 235 or 236" in the 3rd line of subsection (2) thereof and substituting therefor the words and figures "clause 237(a), clause 237(b) or subsection 238(5)"; and

(c) by striking out the words and figures "section 234, 235 or 236" in the 1st line of subsection (3) thereof and substituting therefor the words and figures "clause 237(a), clause 237(b) or subsection 238(5)".

Cl. 33.1(1)(a) am.

3(3)

Clause 33.1(1)(a) of the Act is amended by striking out the figures "154" in the 2nd line thereof and substituting therefor the figures "161".

Sec. 40 am.

3(4)

Section 40 of the Act is amended

(a) by striking out the word "Magistrates" in the 1st line thereof and substituting therefor the words "Judges and court officers"; and

(b) by striking out the words and numerals "Part II of The County Courts Act" in the 5th line thereof and substituting therefor the words "The Court of Queen's Bench Small Claims Practices Act".

Sec. 45 am.

3(5)

Section 45 of the Act is amended by striking out the words and figures "Sections 149, 150, 151 and 152" in the 5th line thereof and substituting therefor the words and figures "sections 155, 156, 157, 158 and 159".

Sec. 16.1 of Business Names Registration Act added.

4

The Business Names Registration Act, being chapter B110 of the Continuing Consolidation of the Statutes of Manitoba, is amended by adding immediately after section 16 the following section:

Records may be microfilmed.

16.1(1)

Records required by this Act to be prepared and maintained by the Director may be in bound or loose-leaf form or in photographic film form, or may be entered or recorded by any system of mechanical or electronic data processing or by any other information storage device that is capable of reproducing any required information in intelligible written form within a reasonable time.

Certification of records.

16.1(2)

Where records maintained by the Director are prepared and maintained other than in written form,

(a) the Director shall furnish any copy required to be furnished under subsection 16(1) in intelligible written form; and

(b) a report reproduced from those records, if it is certified by the Director, is admissible in evidence to the same extent as the original written records would have been.

No need for original.

16.1(3)

Notwithstanding section 16, the Director is not required to produce any document where a copy of the document is furnished in compliance with clause (2)(a).

Cl. 1(b) of Centennial Projects Act am.

5(1)

Clause 1(b) of The Centennial Projects Tax Status Act, being chapter 32 of the Statutes of Manitoba, 1974 (in this section referred to as "the Act"), is amended by adding immediately after the word "Manitoba" in the 1st line the words "or by Manitoba Properties Inc. "

Cl. 1(d) added.

5(2)

Section 1 of the Act is amended

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

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

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

(d) the lands, including all buildings and structures thereon, commonly known as 184 Alexander Avenue in the City of Winnipeg, owned by the Ukrainian Cultural and Educational Centre and used for the purposes of a cultural and educational centre.

Cl. 1(b) of Centennial Centre Act am.

6(1)

Clause 1(b) of The Centennial Centre Corporation Act, being chapter C40 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by adding immediately after the word "Manitoba" in the 5th line the words "or Manitoba Properties Inc. ".

Subsec. 3(2) rep. and sub.

6(2)

Subsection 3(2) of the Act is repealed and the following subsection is substituted therefor:

Property held in name of Crown for MPI.

3(2)

All real property acquired by the corporation shall be held in the name of Her Majesty in Right of Manitoba or in the name of Manitoba Properties Inc.

Subsec. 3(4) am.

6(3)

Subsection 3(4) of the Act is amended by adding immediately after the word "corporation" in the 2nd line the words "and held in the name of Her Majesty in Right of Manitoba".

Subsec. 3(4.1) am.

6(4)

Subsection 3(4.1) of the Act, as enacted by subsection 3(1) of chapter 51 of the Statutes of Manitoba, 1985, is amended by striking out the figures "3(4.1)" where they appear in the 1st line thereof and substituting therefor the figures "3(5)".

Subsec. 4(3) rep.

6(5)

Subsection 4(3) of the Act is repealed.

Subsec. 14(2) am.

6(6)

Subsection 14(2) of the Act is amended by adding at the beginning the words "Subject to subsection (3) and".

Subsec. 14(3) added.

6(7)

Section 14 of the Act is amended by adding immediately after subsection (2) the following subsection:

MPI may build.

14(3)

Where property referred to herein is owned by Manitoba Properties Inc., it may construct buildings and facilities that can be operated in conjunction with and as part of the centennial centre.

Subsec. 3(2) of Centre Culturel Act am.

7(1)

Subsection 3(2) of the Centre Culturel Franco-Manitobain Act, being chapter C45 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by adding at the end thereof the words "or in the name of Manitoba Properties Inc. ".

Subsec. 3(4) am.

7(2)

Subsection 3(4) of the Act is amended by adding immediately after the word "corporation" in the 2nd line the words "and held in the name of Her Majesty in Right of Manitoba".

Subsec. 3(5) am.

7(3)

Subsection 3(5) of the Act is amended by adding immediately after the word "Manitoba" in the 2nd line the words "or Manitoba Properties Inc. ".

Subsec. 4(3) rep.

7(4)

Subsection 4(3) of the Act is repealed.

Sec. 11.1 added.

7(5)

The Act is further amended by adding immediately after section 11 the following section:

Lands exempt.

11.1

Notwithstanding any other Act of the Legislature, where property over which the corporation has jurisdiction is owned by Manitoba Properties Inc. the property is not liable to taxation by any municipality whether for municipal purposes, school purposes, business taxes or local improvements and no grant in lieu of any such taxation shall be made by the corporation or the government.

Sec. 14 am.

7(6)

Section 14 of the Act is amended by re-numbering the section as subsection (1) and by adding at the beginning of subsection (1) as so re-numbered the words "Subject to subsection (2), ".

Subsec. 14(2) added.

7(7)

Section 14 of the Act is amended by adding immediately after subsection (1) the following subsection:

Manitoba Properties Inc. may construct.

14(2)

Where property over which the corporation has jurisdiction is owned by Manitoba Properties Inc., Manitoba Properties Inc. may construct buildings and facilities that can be operated in conjunction with and as part of the corporation's activities.

Subsec. 6(13) of Child and Family Act rep. and sub.

8(1)

Subsection 6(13) of The Child and Family Services Act, being chapter C80 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed and the following subsection is substituted therefor:

Gifts to Children's Aid Society of Winnipeg.

6(13)

Where in any will there is a bequest to the Children's Aid Society of Winnipeg and the bequest has not at the time of coming into force of this section been distributed, the bequest shall be deemed to be a bequest to the Children's Foundation of Winnipeg Incorporated.

Sub-cl. 17(b)(iii) am.

8(2)

Sub-clause 17(b)(iii) of the Act is amended by striking out the word "surgical".

Subsec. 58(4) am.

8(3)

Subsection 58(4) of the Act is amended by adding at the beginning thereof the words "Where an application for adoption is being made under section 67 or 68".

Cl. 60(4)(b) am.

8(4)

Clause 60(4)(b) of the Act is amended by striking out the figures and word "66, 67 or 71" and substituting therefore the figures and word "67, 68 or 72".

Cl. 66(11)(h) rep. and sub.

8(5)

Clause 66(11)(h) of the Act is repealed and the following clauses are substituted therefor:

(h) an affidavit from the applicants setting forth their names, addresses and marital status;

(h.l) certification by the director that a notice of application under The Family Maintenance Act by a man that he be declared to be the father of the child was not served prior to placement;.

C1.67(3)(e) rep.

8(6)

Clause 67(3)(e) of the Act is repealed.

Subsec. 69(5.1) added.

8(7)

Section 69 of the Act is amended by adding immediately after subsection (5) the following subsection:

No placement for 10 days.

69(5.1)

Notwithstanding that a placement under this section has been approved, the child shall not be placed in the home of the person who intends to receive the child for adoption until the expiration of at least 10 clear days after the date of birth of the child.

Subsec. 74(1) am.

8(8)

Subsection 74(1) of the Act is amended by adding immediately after the word "adult" where it appears in the 3rd line thereof, the word "biological".

Subsec. 76(1) am.

8(9)

Subsection 76(1) of the Act is amended by striking out the figures "(16)" and substituting therefor the figures "(19)".

Cl. 76(3)(c) rep. and sub.

8(10)

Subsection 76(3) of the Act is amended by repealing clause (c) thereof and substituting therefor the following clauses:

(c) to the director; or

(d) to a person employed, retained or consulted by the director; or

(e) by the director or an agency, to another agency including entities out of the province which perform substantially the same functions as an agency, where reasonably required by that agency or entity to provide service to a person who is the subject of the record.

Cl. 76(5)(c) am.

8(11)

Clause 76(5)(c) of the Act is amended by adding at the beginning thereof the words and figures "subject to subsection 74(3)".

Sec. 1 of Child Day Care Act am.

9

The definition of "licence" in section 1 of the Community Child Day Care Standards Act, being chapter C158 of the Continuing Consolidation of the Statutes of Manitoba, is amended by striking out the words "to operate and maintain" and substituting therefor the words "to provide or offer day care in".

Sec. 33 of Conservation Districts Act rep. and sub.

10

Section 33 of The Conservation Districts Act, being chapter C175 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following section is substituted therefor:

Fiscal year.

33

The fiscal year of a board commences on April 1 in any year and ends March 31 next following.

Subsec. 42(1) of Provincial Court Act am.

11(1)

Subsection 42(1) of The Provincial Court Act, being chapter C275 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by adding at the beginning thereof the words "Subject to subsection (2)".

Subsec. 42(2) rep. and sub.

11(2)

Subsection 42(2) of the Act is repealed and the following subsection is substituted therefor:

Powers under Criminal Code.

42(2)

A magistrate shall not exercise jurisdiction in matters arising under Part XVI of the Criminal Code (Canada).

Subsec. 51(6) of Queen's Bench Act added.

12(1)

Section 51 of The Queen's Bench Act, being chapter C280 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by adding immediately after subsection (5) the following subsection:

Sunday Observance Act.

51(6)

An Act for the Better Observation of the Lord's Day, commonly called Sunday, 1676, 26 CAR. 2, C. 7, also known as The Sunday Observance Act, is repealed insofar as it is part of the laws of the province.

Subsec. 52(2) am.

12(2)

Subsection 52(2) of the Act is amended

(a) by striking out the words "The Child Welfare Act" in clause (a) thereof and substituting therefor the words "The Child and Family Services Act"; and

(b) by adding immediately after clause (d) thereof the following clause:

(d.l) every proceeding under The Infants' Estates Act; and

(c) by striking out the words "Divorce Act (Canada)" in clause (1) thereof and substituting therefor the words "Divorce Act, 1985".

Subsec. 52(12) added.

12(3)

Section 52 of the Act is amended by adding thereto, immediately after subsection (11) thereof, the following subsections:

Provincial Court orders where exclusive jurisdiction.

52(12)

In any area designated under clause (10)(a), any order including an order made before this section comes into force, which is or was enforceable in the Provincial Court (Family Division) may be enforced, varied, discharged or otherwise dealt with in the Family Division of the court and in no case is it necessary to obtain an order of the court to permit the transfer of proceedings from the Provincial Court to the Family Division of the court.

Provincial Court orders where concurrent jurisdiction.

52(13)

In any area designated under clause 10(b), any order including an order made before this section comes into force, which is or was enforceable in the Provincial Court (Family Division), may, on application to the Family Division, be transferred to and enforced, varied, discharged of otherwise dealt with in the Family Division.

Sec. 83 rep.

12(4)

Section 83 of the Act is repealed.

Transitional.

12(5)

Notwithstanding the repeal of section 83 of the Act by subsection (4), where the action in which a foreign judgment is rendered was commenced before the coming into force of that subsection, any action on the foreign judgment shall be dealt with and completed as if the subsection had never been enacted.

Subsec. 14(2) of Criminal Injuries Act rep.

13

Subsection 14(2) of The Criminal Injuries Compensation Act, being chapter C305 of the Continuing Consolidation of the Statutes of Manitoba, is repealed.

Subsec. 35.1(10) of Crown Lands Act rep. and sub.

14(1)

Subsection 35.1(10) of The Crown Lands Act, being chapter C340 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "The Act"), is repealed and the following subsection is substituted therefor:

Where no application.

35.1(10)

Where under this section goods, materials or effects are seized and removed from Crown land and stored, or are seized and held in custody on Crown land, and no application for relief is made in respect thereof under subsection (8), or the application under subsection (8) is unsuccessful, the goods, materials or effects become the property of the Crown and may be disposed of in such manner as the minister or officer directs.

Sec. 45 added.

14(2)

The Act is amended by adding immediately after section 44 the following section:

No title by possession.

45

No person may acquire title to or any claim upon Crown land by any length of possession.

Sec. 1 of Dangerous Goods Act am.

15(1)

Section 1 of The Dangerous Goods Handling and Transportation Act, being chapter D12 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by striking out the definition of "handle" and substituting therefor the following definition:

"handle" except where otherwise defined by regulation includes manufacture, generate, use, transport, transfer, process, mix, package, store, sell, apply or offer for sale or offer for transport.

Cl. 40(1)(dd) added.

15(2)

Subsection 40(1) of the Act is amended by adding immediately after clause (cc) thereof, the following clause:

(dd) the definition of "handle".

Subsec. 9(8) of Education Administration Act am.

16

Subsection 9(8) of The Education Administration Act, being chapter E10 of the Continuing Consolidation of the Statutes of Manitoba, is amended by striking out the words "all the operational costs of the bureau" in the 4th line thereof and substituting therefor the words "such reasonable operational costs of the bureau as the minister may determine".

Sec. 34.1 of Executions Act am.

17(1)

Section 34.1 of The Executions Act, being chapter E160 of the Continuing Consolidation of the Statutes of Manitoba, is amended by striking out the words "who is a corporation" in the 2nd line thereof and substituting therefor the words "that is a corporation unless the corporation is engaged in farming. "

Commencement.

17(2)

This section comes into force on a day fixed by proclamation.

Cl. 11.4(b) of Family Maintenance Act am.

18(1)

Clause 11.4(b) of The Family Maintenance Act, being chapter F20 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by striking out the words "disposition or".

Cl. 29(2)(d. l) added.

18(2)

Subsection 29(2) of the Act is amended by adding immediately after clause (d) thereof the following clause:

(d.l) subject to subsection 26(4) and subsection (4). where the person in default has proposed a payment plan which the deputy registrar considers reasonable, make an interim order in accordance with the proposed plan;.

Cl. 29(2)(e) am.

18(3)

Clause 29(2)(e) of the Act is amended by striking out the figures "21" in the 2nd line thereof and substituting therefor the figures "28".

Subsec. 29(4) and (5) added.

18(4)

Section 29 of the Act is further amended by adding thereto, immediately after subsection (3) thereof, the following subsections:

Notice of interim order.

29(4)

Where the deputy registrar has made an order under clause (l)(d. l), the designated officer shall notify the person entitled to the payments of the order and of that person's right under subsection (5) to have the matter heard by a judge or master.

Hearing.

29(5)

Where the person entitled to payment objects in writing to the interim order made under clause (l)(d. l), the designated officer shall issue a summons under subsection 30(1).

Cl. 30(3)(a) am.

18(5)

Clause 30(3)(a) of the Act is amended by adding at the end thereof the words, symbol and figures "or fining that person an amount not exceeding $500. or both".

Cl. 30(4)(a) am.

18(6)

Clause 30(4)(a) of the Act is amended by adding at the end thereof the words, symbol and figures "or be fined in an amount not exceeding $500. for each default, or both".

Sec. 30.1 added.

18(7)

The Act is further amended by adding immediately after section 30 the following section:

Late payment hearing.

30.1

Whether or not any other enforcement proceedings have been taken or could be taken, where a person has made payments under an order after the due date thereof, the designated officer may issue a summons for that person to appear before a judge or master for a hearing to determine the cause of the late payments and after the hearing the judge or master may make any of the orders under subsection 30(3) or (4).

Sec. 36.1 added.

18(8)

The Act is further amended by adding immediately after section 36 the following section:

Orders assignable.

36.1(1)

An order for the maintenance of a spouse or the support of a child made under this Act may be assigned to the Executive Director of Social Services or a person acting under the authority of the Executive Director.

Notice to persons affected.

36.1(2)

The Executive Director of Social Services or the person acting under the authority of the Executive Director shall serve notice, either personally or by registered mail, of the execution of an assignment under subsection (1) upon the person required to make the payments under the order.

Payments made to Executive Director.

36.1(3)

Where notice has been served under subsection (2), the Executive Director of Social Services or the person acting under the authority of the Executive Director shall be entitled to the payments due under the order and shall have the same right to be notified of and participate in any proceedings under this Act to enforce, vary or discharge the order as has the person who is entitled to the payments under the order.

Subsec. 50.1(1) of Financial Administration Act rep. and sub.

19

Subsection 50.1(1) of The Financial Administration Act, being chapter F55 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsection is substituted therefor:

L.G. in C. may set parameters for borrowing.

50.1(1)

Notwithstanding any other provision of this Act, the Lieutenant Governor in Council may authorize the borrowing of money on the credit of the government for any of the purposes mentioned in section 54 by the issue of provincial securities payable in the currency of any country or in units of monetary value within a specified period, to a specified maximum aggregate principal amount and bearing interest at a rate not exceeding a specified maximum rate, and the sale of the provincial securities at a price that will realize net proceeds to the province of not less than a specified percentage of the principal amount thereof, and may also authorize the minister or another designated officer in the department, to determine, within the aforesaid limits, any one or more of the following,

(a) the principal amount of the provincial securities to be issued at any time;

(b) the form and denomination of the provincial securities;

(c) the date of issue and maturity of the provincial securities;

(d) the rate of interest payable on the provincial securities;

(e) the rate of premium, if any, payable on the redemption of the provincial securities prior to the maturity thereof; and

(f) the sale price of the provincial securities; and to enter into an agreement on behalf of the province with any person providing for the issue and sale by the province of the provincial securities on the terms and conditions that the minister or designated officer may consider advisable.

Sec. 6 of Garnishment Act am.

20(1)

Section 6 of The Garnishment Act, being chapter G20 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended

(a) by striking out the word "subsection" in the 5th line thereof and substituting therefor the word "section"; and

(b) by adding thereto, immediately after the symbol and figures "$250. 00" in the 1st line of clause (a) thereof and again immediately after the symbol and figures "$350. 00" in the 2nd line of clause (b) thereof, in each case, the words "or such greater amount as may be prescribed by regulation".

Sec. 8 am.

20(2)

Section 8 of the Act is amended by adding thereto, immediately after the symbol and figures "$250. 00" in the 2nd last line thereof, the words "or such greater amount as may be prescribed by regulation".

Subsec. 9(2) am.

20(3)

Subsection 9(2) of the Act is amended by striking out the words "set out" in the last line thereof and substituting therefor the word "allowed".

Sec. 16 added.

20(4)

The Act is amended by adding thereto, immediately after section 15 thereof, the following section:

Regulations.

16

The Lieutenant Governor in Council may make regulations and orders

(a) prescribing a greater minimum amount than that set out in section 6 for any exemption allowed thereunder;

(b) prescribing a greater amount than that set out in section 8 for any exemption allowed thereunder.

Subsec. 5(2) of Health Act rep.

21

Subsection 5(2) of the Department of Health Act, being chapter H20 of the Continuing Consolidation of the Statutes of Manitoba, is repealed.

Cl. 2(1)(cc) of Health Insurance Act rep. and sub.

22

Subsection 2(1) of The Health Services Insurance Act, being chapter H35 of the Continuing Consolidation of the Statutes of Manitoba, is amended by striking out clause (cc) thereof and substituting therefor the following clause:

(cc) "resident" means a person who is legally entitled to be in Canada and who makes his home in Manitoba and is physically present in the province at least 6 months a year and includes any other person who under the regulations is classified as a resident, but does not include a tourist, a transient, or a visitor to the province;.

Industry and Commerce Act rep.

23

The Department of Industry and Commerce Act, being chapter I30 of the Continuing Consolidation of the Statutes of Manitoba, is repealed.

Sec. 5 of Infants' Estates Act rep.

24

Section 5 of The Infants' Estates Act, being chapter I35 of the Continuing Consolidation of the Statutes of Manitoba, is repealed.

Subsec. 23(1) of Interpretation Act am.

25

Subsection 23(1) of The Interpretation Act, being chapter I80 of the Continuing Consolidation of the Statutes of Manitoba, is amended

(a) by striking out clause (9) thereof; and

(b) by adding thereto, immediately after clause (10) thereof, the following clause:

(10.1) "credit union" means a credit union or caisse populaire to which The Credit Unions and Caisses Populaires Act applies;.

Subsec. 4(1) of Legal Aid Act am.

26(1)

Subsection 4(1) of The Legal Aid Services Society of Manitoba Act, being chapter L105 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by striking out the figures "11" in the 2nd line thereof and substituting therefor the figures "12".

Subsec. 4(2.3) added.

26(2)

Section 4 of the Act is amended by adding thereto, immediately after subsection (2.2) thereof, the following subsection:

Federal nominee.

4(2.3)

One of the persons appointed under subsection (1) shall be a person nominated by the Attorney- General of Canada.

Subsec. 4(5) am.

26(3)

Subsection 4(5) of the Act is amended by adding thereto, immediately after the word "directors" in the 1st line thereof, the words "not including the director nominated by the Attorney-General of Canada".

Commencement.

26(4)

This section comes into force on a day fixed by proclamation.

Subsec. 18(2) of Marital Property Act rep. and sub.

27(1)

Subsection 18(2) of The Marital Property Act, being chapter M45 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:

Limitation period on divorce and nullity.

18(2)

Where a right to a division of assets arises under this Act upon the granting of a certificate of divorce or a decree of nullity of a marriage, no action in respect of the right shall be commenced under section 17 after 60 days from the date that all appeals against the certificate or the decree are exhausted or, if no appeals are taken, from the date that the time for appeal expires.

Cl. 18(3)(b) am.

27(2)

Clause 18(3)(b) of the Act is amended by striking out the words "decree absolute" and substituting therefor the word "certificate".

Cl. 2(2)(d) of Medical Act am.

28(1)

Clause 2(2)(d) of The Medical Act, being chapter M90 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by striking out the words "Psychiatric Nurses Association" in the 2nd line thereof and substituting therefor the words "Registered Psychiatric Nurses".

Cl. 19(e) added.

28(2)

Section 19 of the Act is amended by adding thereto, immediately after clause (d) thereof, the following clause:

(e) The conditions under which, in special circumstances and for specific incidences, registration under this Act may not be required.

Subsec. 31(1) am.

28(3)

Subsection 31(1) of the Act is amended (a) by striking out the word "and" at the end of clause (c) thereof;

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

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

(e) the president and past president whether or not they have been re-elected or re-appointed as provided in this subsection.

Subsec. 31(8) am.

28(4)

Subsection 31(8) of the Act is amended by striking out the word and letter "or (d)" in the 1st line thereof and substituting therefor the letters and word "(d) or (e)".

Subsec. 82(6) of Mental Health Act added.

29

The Mental Health Act, being chapter M110 of the Continuing Consolidation of the Statutes of Manitoba, is amended by adding thereto, immediately after subsection 82(5) thereof, the following subsection:

Order of judge.

82(6)

Where the Public Trustee is deemed to be the executor or administrator of the estate of a deceased person under subsection (5), a judge of the Court of Queen's Bench may, upon the application of the Public Trustee, make an order naming the Public Trustee as the executor or administrator, as the case may be, of that estate.

Cl. 2(2)(c) of Municipal Assessment Act added.

30

Subsection 2(2) of The Municipal Assessment Act, being chapter M226 of the Continuing Consolidation of the Statutes of Manitoba, is amended by adding immediately after clause (b) the following clause:

(c) Lands belonging to, or held in trust for, Manitoba Properties Inc. ".

Subsec. 8(1) of Payment of Wages Act am.

31

Subsection 8(1) of The Payment of Wages Act, being chapter Pl5 of the Continuing Consolidation of the Statutes of Manitoba, is amended

(a) by striking out the word "provision" in the 2nd line thereof and substituting therefor the word "provisions"; and

(b) by striking out the figures and word "60 days" in the 3rd line thereof and substituting therefor the figure and word "6 months".

Sec. 131.2 added to Real Property Act

32(1)

The Real Property Act, being chapter R30 of the Continuing Consolidation of the Statutes of Manitoba, is amended by adding thereto, immediately after section 131.1 thereof, the following section:

Statutory declaration to accompany application.

131.2(1)

Every application for an order for sale or an order for foreclosure shall be accompanied by a statutory declaration of the applicant, or of a person acting on behalf of the applicant, stating

(a) that the land in respect of which the application is made is or is not farmland within the meaning of The Family Farm Protection Act; and

(b) that the granting of the order applied for will not contravene the provisions of The Family Farm Protection Act.

Who may make statutory declaration.

131.2(2)

A statutory declaration accompanying an application for an order for sale or an order for foreclosure shall be made only by a person having personal knowledge of the facts deposed to therein, and may not be made on the basis of information obtained by the person and the person's belief therein.

Where land is farmland, court order required.

131.2(3)

Where a statutory declaration referred to in subsection (1) states that the land in respect of which the order applied for is farmland, the district registrar shall not issue the order applied for until a certified copy of an order of the court granting leave to the applicant to apply to the district registrar for the order has been received by the district registrar.

District registrar may refuse to issue order.

131.2(4)

If the district registrar is not satisfied that the land in respect of which an application for an order for sale or an order for foreclosure is made is not farmland within the meaning of The Family Farm Protection Act, the district registrar may refuse to issue the order.

Reliance on statutory declaration.

131.2(5)

Where information has been provided by a statutory declaration set forth in subsection (1) no person acquiring any right, title or interest in land pursuant to an order for sale or final order of foreclosure made by a district registrar, and no district registrar, is bound to make enquiry as to the truth of any of the matters set forth in the statutory declaration; and no such order is invalid, except as against any person who, at the time when such person acquired any alleged right, title or interest in the lands involved had actual knowledge of the truth of any such matters, or unless the transaction was tainted with fraud in which the person participated or colluded.

Regulations.

131.2(6)

The Lieutenant Governor in Council may make regulations exempting

(a) a class of land; or

(b) land or an area of land in any specified part of Manitoba; from the operation of this section.

Family Farm Protection Act to be complied with.

131.2(7)

The issuance of an order for sale or an order for foreclosure by the district registrar does not relieve any mortgagee or encumbrancer of the obligation to comply with The Family Farm Protection Act.

Commencement.

32(2)

This section comes into force on a day fixed by proclamation.

Subsec. 1(1) of Respiratory Therapists Act am.

33(1)

The definition of "registered respiratory technologist" in subsection 1(1) of The Registered Respiratory Therapists Act, being chapter R115 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is amended by striking out therefrom the word "technologist" and substituting therefor the word "therapist".

Sec. 17 am.

33(2)

Section 17 of the Act is amended by striking out the word "technologist" and substituting therefor the word "therapist".

Subsec. 22(2) of Rivers and Streams Act am.

34(1)

Subsection 22(2) of The Rivers and Streams Act being chapter R160 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act") is amended by striking out the words "and its decision thereon is final and conclusive" immediately after the word "matter" in the 6th line thereof.

Subsec. 26(1) am.

34(2)

Subsection 26(1) of the Act is amended by adding thereto immediately after the word "order" in the 1st line thereof the words "or decision".

Subsec. 11.1(1) of Social Services Act rep. and sub.

35(1)

Subsection 11.1(1) of The Social Services Administration Act, being chapter S165 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed and the following subsection is substituted therefor:

Licence.

11.1(1)

Notwithstanding the provisions of any other Act of the Legislature or of any by-law of a municipality, no person shall operate

(a) any child care facility of the type listed in subsection 8(1) of The Child and Family Services Act; or

(b) any residential care facility where care and supervision is provided for adults suffering from such disabilities and disorders as may be prescribed in the regulations; unless that person obtains a licence from the minister for the purpose issued in accordance with, and subject to, the regulations under this Act or The Child and Family Services Act.

Subsec. 11.2(5) am.

35(2)

Subsection 11.2(5) of the Act is amended by adding thereto, immediately after clause (b) thereof, the word "or" and by adding thereto, the following clause:

(c) the refusal to issue or the cancellation or suspension of a licence for a facility under 11.1(1)(a);.

Subsec. 11.2(7) am.

35(3)

Subsection 11.2(7) of the Act is amended by striking out the words "to the county court of the county court district in which the facility is situated" and substituting therefor the words "the Court of Queen's Bench".

Subsec. 11.2(8) am.

35(4)

Subsection 11.2(8) of the Act is amended by striking out the word "county".

Subsecs. 2(4), (4.1) and (5) of Workers Compensation Act am.

36(1)

Subsections 2(4), (4.1) and (5) of The Workers Compensation Act, being chapter W200 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), are amended by striking out in each of those subsections the symbol and figures "$590. 00" and substituting therefor in each case the symbol and figures "$693. ".

Secs. 30 and 33 and subsec. 35(2) am.

36(2)

The Act is amended by striking out the figures "1983" in sections 30 and 33 and in subsection 35(2) and substituting therefor in each case, the figures "1985".

Sec. 10 of Winnipeg Clinic Act rep.

37

Section 10 of An Act to incorporate "Winnipeg Clinic", being chapter 100 of the Statutes of Manitoba, 1949, is repealed.

Commencement of Act.

38

Except where otherwise provided, this Act comes into force on the day it receives the royal assent.