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S.M. 1986-87, c. 29
An Act to amend The Social Allowances Act, The Municipal Act and The Mental Health Act in relation to liens
(Assented to September 10, 1986)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
AMENDMENTS TO THE SOCIAL ALLOWANCES ACT
Subsection 20(3) of The Social Allowances Act, chapter S160 of the Continuing Consolidation of the Statutes of Manitoba (in this Part referred to as "the Act"), is amended by striking out the words "a fixed amount" and substituting therefor the words "an amount that would not cause undue hardship to the recipient".
Subsection 21(1) of the Act is amended
(a) by striking out the word "or" at the end of clause (b) thereof; and
(b) by repealing all that portion of the subsection after clause (b) thereof and substituting therefor the following: the minister may register in any land titles office in the province a statement certifying the amount of the debt and naming the person indebted.
Subsection 21(2) of the Act is repealed and the following subsection is substituted therefor:
From the time of its registration, a statement registered under subsection 1 forms a lien in favor of the Crown against the estate or interest in any land of the person named in the statement for the amount certified in the statement together with the amount of
(a) any debt that becomes owing from the person to the Crown under section 20 after the statement is certified; or
(b) any payment of a kind described in clause (1)(b) made after the statement is certified.
Subsection 21(4) of the Act is repealed.
Subsection 21(5) of the Act is amended by striking out the words "on such terms as may be prescribed in the regulations".
Section 21 of the Act is amended by adding immediately after subsection (5) thereof, the following subsection:
When a statement is registered against an identified parcel of land, the District Registrar shall forthwith notify the registered owner of the registration by registered mail sent to the address shown on the title.
No later than 90 days after the coming into force of this section, the minister shall discharge all liens registered under clause 21(1)(c) of the Social Allowances Act as it read prior to the coming into force of this Part.
AMENDMENTS TO THE MUNICIPAL ACT
Section 444 of The Municipal Act, being chapter M225 of the Continuing Consolidation of the Statutes of Manitoba (in this Part referred to as "the Act") is repealed.
Section 721 of the Act is repealed and the following section is substituted therefor:
In this section and sections 721.1 to 721.4
"assistance" means municipal assistance as defined in section 441.1 provided or paid to or for a person;
"court" means the Court of Queen's Bench;
"major building repairs" has the meaning given to that expression by regulations made under the Social Allowances Act; and
"municipality" includes the City of Winnipeg.
A municipality, in addition to any other remedies, may serve by registered mail in accordance with the rules of the court, any person indebted to it with a certificate signed by the head of its council or, if directed by resolution of the council, by the treasurer of the municipality, setting out the name of the person so indebted and the amount of the indebtedness and endorsed with a notice to the debtor that, if he disputes the amount claimed he must file his statement of defence in the court, within 16 days from the service of the certificate, otherwise judgment may be entered against him.
The municipality shall, upon serving the certificate, file with the court a duplicate thereof together with an affidavit proving that the certificate has been served upon the debtor.
Same effect as statement of claim.
The serving and filing of a certificate takes effect, and judgment may be entered, and all subsequent proceedings in the court may be had thereon, in the same manner as if a statement of claim had issued out of the court.
The Act is further amended by adding, immediately after section 721 thereof, the following sections:
Recovery of payments made in error or on false statements.
Where a municipality has provided assistance to a person that would not have been provided except for
(a) a false statement or misrepresentation made by the person; or
(b) an error; that assistance is a debt owing to the municipality and the amount of the assistance may be recovered from the person, or the spouse of that person, and, if the person is an infant, the infant's parent or guardian or any person legally liable to pay the infant's expenses.
Recovery from person liable for maintenance.
Where a municipality has provided assistance to a person that would not have been provided except for the failure of another person to comply with any law or the order of any court requiring that other person to contribute toward the maintenance of the person to whom the assistance was provided, the amount of that assistance up to the total amount that the other person failed to provide is a debt due from that other person to the municipality.
Notwithstanding any other provision of this Act or The Social Allowances Act where under subsection (1) or (2) a person who is liable to pay an amount as a debt to the municipality is a recipient of assistance from the municipality, the municipality or a person that the municipality may designate by by-law may deduct an amount that would not cause undue hardship to the recipient from each subsequent payment of assistance to the recipient until that person's debt is discharged.
Unpaid balance continues as debt.
Where pursuant to subsection (3) deductions are made from the assistance payable to a person and the assistance is discontinued before that person's debt to the municipality is fully discharged, the unpaid balance continues as a debt owed by that person to the municipality.
Where
(a) a debt becomes due from a person to a municipality under section 721.1; or
(b) a municipality has made any payment to a person to cover in whole or in part
(i) the principal portion of any instalment payable under a real property mortgage or an agreement for the sale of land, or any part of that principal portion, or
(ii) arrears of real property taxes, or
(iii) the cost of major building repairs; the municipality may register in any land titles office in the province a statement certifying the amount of the debt or payment and naming the person indebted.
From the time of its registration, a statement registered under subsection (1) forms a lien in favour of the municipality against the estate or interest in any land of the person named in the statement for the amount certified in the statement together with the amount of
(a) any debt that becomes owing from the person to the municipality under section 721.1 after the statement is certified; or
(b) any payment of a kind described in clause (1)(b) made after the statement is certified.
A statement submitted for registration under subsection (1) shall be registered on production without any affidavit of execution.
A lien created by the registration of a statement under subsection (1) may be discharged by the registration, in the same office where the statement is registered, of a discharge executed by the head of the municipality or, if directed by resolution of the council, by the treasurer of the municipality.
When a statement is registered against an identified parcel of land, the District Registrar shall forthwith notify the registered owner of the registration by registered mail sent to the address shown on the title.
Every lien created by the registration of a statement by a municipality pursuant to section 721 prior to the coming into force of this section shall, subject to subsection (2), lapse 90 days after the coming into force of this section.
Prior to the lapsing of a lien, the municipality in whose favour the lien was created may without paying any fee therefor renew the lien without any variations where the lien secures in whole or in part an amount that was paid or expended for any of the purposes set out in section 721.1 or in clause 721.2(1)(b) and that remains outstanding at the time of renewal.
Upon receipt of payment of the indebtedness secured by a lien under subsection (2) that relates to the purposes set out in section 721.1 or in clause 721.2(1)(b), the municipality shall discharge the lien.
Where partial repayments of assistance were made to a municipality prior to the coming into force of this section, the payments shall be deemed to have been applied to the portion of the assistance which was provided earliest in time without regard to the restrictions on liens set out in section 721.1 or in clause 721.2(1)(b).
Every person
(a) who makes a false statement in any form, application, record or return required by a by-law of a municipality which provides for the granting of assistance; or
(b) who fails to inform the person designated to administer a by-law of a municipality which provides for the granting of assistance of a material change in circumstances affecting his entitlement to assistance, within 30 days of the change; is guilty of an offence and is liable on summary conviction to a fine not exceeding $500. or to imprisonment not exceeding 3 months or to both.
A justice who finds a person guilty of an offence under subsection (1) may, in addition to any penalty imposed under that subsection, order the person to pay to the municipality any moneys obtained by that person by reason of the commission of the offence.
Where an order is made under subsection (2), the municipality may file a certified copy in the Court of Queen's Bench and thereupon the order shall be deemed to be, and enforceable as, a judgment in favour of the municipality.
Notwithstanding anything in this Act or in any other Act of the Legislature, no prosecution in respect of an offence under this section shall be instituted after the expiration of 4 years from the time when the matter giving rise to the prosecution arose.
AMENDMENT TO MENTAL HEALTH ACT
Section 20 of the Mental Health Act, chapter Ml10 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following section is substituted therefor:
Every lien registered in a land titles office under the Mental Diseases Act (now repealed) lapses on the coming into force of this section.
GENERAL
Parts I and II of this Act come into force on a day fixed by proclamation and Part III of this Act comes into force on the day it receives the royal assent.