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The Charter Compliance Statute Amendment Act

S.M. 1987-88, c. 44

The Charter Compliance Statute Amendment Act

(Assented to July 17, 1987)

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

THE BLIND PERSONS' AND DEAF PERSONS' MAINTENANCE AND EDUCATION ACT

Secs. 3 and 4 rep. and sub.

1

Sections 3 and 4 of The Blind Persons'

and Deaf Persons' Maintenance and Education Act, chapter B60 of the Continuing Consolidation of the Statutes of Manitoba, are repealed and the following sections are substituted therefor:

Maintenance and education.

3

The Government of Manitoba may expend such moneys of the province as it deems expedient for the maintenance and education of blind persons and deaf persons who reside in the province and have the right to attend public school under The Public Schools Act.

Extra-provincial institutions.

4

Subject to the approval of the minister, blind persons and deaf persons who reside in the province and have the right to attend public school under The Public Schools Act may be sent to, and maintained in, institutions outside Manitoba. THE CHARTERED ACCOUNTANTS ACT

Subsec. 6(2) rep. and sub.

2

Subsection 6(2) of The Chartered Accountants Act, chapter C70 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsection is substituted therefor:

Fellows.

6(2)

The institute may also grant, under such conditions as the council, subject to section 10, may by by-law provide, to any member in good standing of the institute the designation: "Fellow of the Chartered Accountants".

THE CIVIL SERVICE ACT

Sec. 42 rep. and sub.

3

Section 42 of The Civil Service Act, chapter C110 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following section is substituted therefor:

Oaths and affirmations.

42

Except where otherwise directed by the commission, and subject to such conditions as are prescribed by the commission, every person hereafter appointed to, or employed in, a position who has not already done so shall take

(a) the oath or affirmation of allegiance; and

(b) the following oath or affirmation or such other oath or affirmation as may be required or authorized by any other Act in that behalf:

"I, A. B., do solemnly and sincerely swear (or affirm) that I will faithfully and honestly fulfil the duties which devolve upon me as an employee in the government service of Manitoba and that I will not ask or receive any sum of money, services, recompense, or matter or thing whatsoever, directly or indirectly, in return for what I have done or may do in the discharge of any of the duties of my office, except my salary, wages, or other moneys to which I may be lawfully entitled; and that I will not, without due authority in that behalf, disclose or make known any matter or thing which comes to my knowledge by reason of my employment in the government service of Manitoba. So help me God. " (Omit last four words where person affirms. )

THE COURT OF APPEAL ACT

Sec. 6 rep. and sub.

4(1)

Section 6 of The Court of Appeal Act, chapter C240 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed and the following section is substituted therefor:

Oath or affirmation by judge.

6

Every judge of the court, previous to entering upon the duties of office, shall take the following oath or affirmation, to be administered by the Lieutenant Governor, the chief justice of the court or any judge of the court:

I, ______, solemnly and sincerely promise and swear (or affirm) that I will duly and faithfully, and to the best of my skill and knowledge, exercise the powers and trusts reposed in me as Chief Justice of (or one of the judges of The Court of Appeal for) Manitoba. So help me God. (Omit last four words where person affirms. )

Sec. 11 rep. and sub.

4(2)

Section 11 of the Act is repealed and the following section is substituted therefor:

Oath or affirmation of office.

11(1)

Every court officer shall, before entering upon the duties of office, take and subscribe the following oath or affirmation:

I, ______, solemnly and sincerely promise and swear (or affirm) that I will, according to the best of my skill, learning, ability, and judgment, well and faithfully execute and fulfil the duties of the office of without favour or affection, prejudice or partiality, to any person. So help me God. (Omit last four words where person affirms. )

How administered.

11(2)

The oath or affirmation shall be administered by a judge.

THE PROVINCIAL COURT ACT

Sec. 4 rep. and sub.

5(1)

Section 4 of The Provincial Court Act, chapter C275 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed and the following section is substituted therefor:

Oaths or affirmation by judge.

4(1)

Every judge shall take and subscribe the oath or affirmation of allegiance as required under The Civil Service Act and the following oath or affirmation of office before the Chief Judge or a judge designated by the Chief Judge:

I, ______of ___________, in the Province of Manitoba, do solemnly swear (or affirm) that I will duly, faithfully and to the best of my knowledge and ability perform and fulfil the duties and requirements of the office of judge (Chief Judge) of the Provincial Court of Manitoba to which I have been appointed, and so long as I shall continue to hold office, without fear or favour. So help me God. (Omit last four words where person affirms. )

Forwarded to Executive Council.

4(2)

The oath or affirmation of office and oath or affirmation of allegiance shall be transmitted forthwith to the Chief Judge who shall send them to the Clerk of the Executive Council together with such copies thereof as may be directed by the minister.

Sec. 45 rep. and sub.

5(2)

Section 45 of the Act is repealed and the following section is substituted therefor:

Oath or affirmation of office.

45

Every magistrate and every justice of the peace before entering upon the duties of office shall take and subscribe an oath or affirmation of allegiance as required under The Civil Service Act and an oath or affirmation of office similar in form to that set out in section 4, with such modifications as the circumstances require, and the oaths or affirmations shall be sent forthwith by the magistrate or justice of the peace to the Chief Judge who shall send them to the Clerk of the Executive Council together with such copies thereof as may be directed by the minister.

THE QUEEN'S BENCH ACT

Sec. 8 rep. and sub.

6(1)

Section 8 of The Queen's Bench Act, chapter C280 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed and the following section is substituted therefor:

Oath or affirmation by judge.

8

Every judge, before entering upon the duties of office, shall take the following oath or affirmation to be administered by the Lieutenant Governor, the Chief Justice of the Queen's Bench or an Associate Chief Justice of the Queen's Bench or any puisne justice of the court:

I, ______, solemnly and sincerely promise and swear (or affirm) that I will duly and faithfully and to the best of my skill and knowledge, exercise the powers and trusts reposed in me as Chief Justice (or Associate Chief Justice or one of the puisne justices) of Her Majesty's Court of Queen's Bench for Manitoba. So help me God. (Omit last four words where person affirms. )

Sec. 14 rep. and sub.

6(2)

Section 14 of the Act is repealed and the following section is substituted therefor:

Oath or affirmation of office.

14(1)

Every officer of the court, and every deputy or assistant to an officer of the court, and every clerk of the court, appointed under section 12 shall, before entering upon the duties of office, take and subscribe the following oath or affirmation:

I, ______, of _________, solemnly and sincerely promise and swear (or affirm) that

(i) I will, according to the best of my skill, learning, ability and judgment, well and faithfully execute and fulfil the duties of the office of, without favour or affection, préjudice or partiality, to any person,

(ii) I will not knowingly permit or suffer any alteration, obliteration or destruction, to be made or done, of any will or testamentary paper, or other document or paper committed to my charge.

So help me God. (Omit last four words where person affirms.)

Administered by judge.

14(2)

Each oath or affirmation required under subsection (1) shall be administered by a judge.

Subsec. 25(2) rep. and sub.

6(3)

Subsection 25(2) of the Act is repealed and the following subsection is substituted therefor:

Oath or affirmation of office.

25(2)

Every reporter hereafter appointed shall take the following oath or affirmation before one of the judges, and the oath or affirmation shall be filed:

I (A. B.) solemnly and sincerely promise and swear (or affirm) that I will faithfully report the evidence and proceedings in each case in which I act as reporter. So help me God. (Omit last four words where person affirms.)

CRIMINAL INJURIES COMPENSATION ACT

Subsec. 1(2) rep. and sub.

7

Subsection 1(2) of The Criminal Injuries Compensation Act, chapter C305 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsection is substituted therefor:

Person deemed as spouse.

1(2)

For the purposes of this Act, a person who is of the opposite sex to that of a deceased victim shall be deemed to be a spouse of the deceased victim if

(a) during the entire period of three years immediately prior to the death of the deceased victim, the person and the deceased victim cohabited in a relationship in which the person was dependent upon the deceased victim for support; or

(b) the person and the deceased victim cohabited during the entire period of one year immediately prior to the deceased victim's death and there is a dependent child born of the relationship.

THE EMPLOYMENT STANDARDS ACT

Sec. 25 rep. and sub.

8

Section 25 of The Employment Standards Act, chapter El10 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following section is substituted therefor:

Recommendations by board.

25

A board upon the written authorization of the minister may, with respect to the area for which it is appointed, make recommendations in writing respecting

(a) standards of minimum wages to be paid to employees; and

(b) the maximum amount, if any, that may be deducted from a prescribed minimum wage in cases where the employer furnishes to the employee board, lodging, uniforms, laundry, or other service.

THE MANITOBA EVIDENCE ACT

Sec. 15 rep. and sub.

9(1)

Section 15 of The Manitoba Evidence Act, chapter E150 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed and the following section is substituted therefor:

Who may administer oaths and affirmations.

15

Where by an Act or regulation evidence is authorized or required to be taken under oath or on affirmation by a person, or an oath or affirmation is authorized or directed to be made or taken, the oath or affirmation may be administered, and the certificate of its having been made or taken may be given, by the person mentioned in the Act or regulation, or by a person authorized to swear affidavits under this Act, having authority and jurisdiction within the district where the oath or affirmation is administered.

Subsec. 18(1) rep. and sub.

9(2)

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

Affirmation of witness instead of oath.

18(1)

A person who is about to give evidence shall be permitted to make a solemn affirmation or declaration instead of taking an oath, and upon the person making such a solemn affirmation or declaration the evidence shall be taken and has the same effect as if taken under oath.

Sec. 87 rep. and sub.

9(3)

Section 87 of the Act is repealed and the following section is substituted therefor:

Commissioner's oath or affirmation of office.

87

Every commissioner appointed under this Part shall, before entering upon the duties of office, take the following oath or affirmation before the Clerk of the Executive Council or one of the judges of the Court of Queen's Bench, namely:

I, A. B., do swear (or affirm) that I will truly and faithfully execute the powers and trusts vested in me by His (or Her) Honour the Lieutenant Governor, under and pursuant to The Manitoba Evidence Act, according to the best of my knowledge and judgment. So help me God. (Omit last four words where person affirms. )

THE EXPROPRIATION ACT

Subsec. 31(3) rep. and sub.

10

Subsection 31(3) of The Expropriation Act, chapter E190 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsection is substituted therefor:

Saving rights of persons under disability.

31(3)

Where the person whose land is injuriously affected is an infant, a mental incompetent, or a person incapable of managing his or her affairs, the person's claim for compensation shall be made before the expiration of two years after the disability ceases, or where the person dies while under the disability, within two years after the death, and, if not so made, the right to compensation is forever barred.

THE HIGHWAY TRAFFIC ACT

Sec. 148 rep.

11

Section 148 of The Highway Traffic Act, chapter H60 of the Continuing Consolidation of the Statutes of Manitoba, is repealed.

THE INSURANCE ACT

Sec. 322 am.

12

Section 322 of The Insurance Act, chapter I40 of the Continuing Consolidation of the Statutes of Manitoba, is amended by striking out everything up to the end of clause (a) thereof and substituting therefor the following:

Pensions and endowments.

322

A society that files with the superintendent the declaration of an actuary may, if its constitution so provides and subject thereto,

(a) issue to its members, insurance contracts providing for the payment of the money due on maturity thereof either at death or upon the insured attaining a specified age;.

THE INTERPRETATION ACT

Cl. 23(1)(35) rep. and sub.

13

Clause 23(1)(35) of The Interpretation Act, chapter I80 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following clause is substituted therefor:

(35) "oath" or "affidavit" includes affirmation and declaration and "swear" includes affirm and declare;. ("serment" ou "affidavit")

THE INTOXICATED PERSONS DETENTION ACT

Cl. 3(1)(b) rep. and sub.

14

Clause 3(1)(b) of The Intoxicated Persons Detention Act, chapter I90 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following clause is substituted therefor:

(b) if an application is made sooner by a member of the person's family or by a person who appears to be suitable and capable of taking charge of the person, into the charge of that applicant;.

THE JURY ACT

Cl. 3(a) rep.

15(1)

Clause 3(a) of The Jury Act, chapter J30 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed.

Cl. 3(o) rep. and sub.

15(2)

Clause 3(o) of the Act is repealed and the following clause is substituted therefor:

(o) a person afflicted with a mental or physical infirmity incompatible with the discharge of the duties of a juror; or.

Subsec. 6(2) rep. and sub.

15(3)

Subsection 6(2) of the Act is repealed and the following subsection is substituted therefor:

Limited use of information on lists.

6(2)

In using appropriate lists for preparing jurors' rolls, the Chief Sheriff or any person assisting the Chief Sheriff in preparing the jurors' rolls shall not extract, retain or divulge any information disclosed in the appropriate lists except the names and addresses of the persons whose names appear on the appropriate lists, but if the age of persons whose names appear on the appropriate lists is disclosed, the Chief Sheriff or the person assisting in preparing the jurors' rolls may use that information to strike from the jurors' rolls the names and addresses of persons who are under the age of majority.

Subsec. 25(2) rep.

15(4)

Subsection 25(2) of the Act is repealed.

Subsecs. 26(2) and (3) rep. and sub.

15(5)

Subsections 26(2) and (3) of the Act are repealed and the following subsection is substituted therefor:

Proof of medical grounds.

26(2)

Where the grounds for disqualification as a juror are affliction with mental or physical infirmity or where the grounds of being exempted from serving as a juror are based on some physical disability or condition of health, the sheriff may require the person summoned to provide a certificate of or a letter from a duly qualified medical practitioner setting out the material facts relating to the disqualification or disability or condition of health and, in the discretion of a judge, the medical practitioner providing the certificate or letter may be examined under oath concerning the certificate or letter.

Subsec. 33(2) rep. and sub.

15(6)

Subsection 33(2) of the Act is repealed and the following subsection is substituted therefor:

Where six jurors cannot be sworn.

33(2)

The trial of a civil action may proceed if at least 10 jurors attend as the jury panel but if, by reason of successful challenges for cause or other sufficient reason, six jurors cannot be sworn from the jury panel to try the action or issue, the court may order the sheriff forthwith to summon such number of persons as the court deems necessary in order to make a full jury; and those jurors may, if necessary, be summoned by word of mouth.

THE LAND SURVEYORS ACT

Sec. 31 rep.

16(1)

Section 31 of The Land Surveyors Act, chapter L60 of the Continuing Consolidation of the Statutes of Manitoba (in this section referred to as "the Act"), is repealed.

Sec. 32 rep. and sub.

16(2)

Section 32 of the Act is repealed and the following section is substituted therefor:

Appeal of requirements by board.

32

Where, under subsection 27(3), the board requires a person to serve a period of articles or write an examination, the person affected thereby may appeal the requirement to the council which may confirm, vary or quash the requirement; and the person affected may appeal the decision of the council in respect thereof as provided in section 45 and section 45 applies, with such modifications as the circumstances require, to the appeal of the decision of the council. THE LAW SOCIETY ACT

Subsec. 36(1) rep. and sub.

17

Subsection 36(1) of The Law Society Act, chapter L100 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsection is substituted therefor:

Oaths and affirmations.

36(1)

No person shall be called to the bar or admitted as a solicitor or a student or be entitled to carry on the practice or profession of a barrister or solicitor in Manitoba unless the person is a Canadian citizen or has been lawfully admitted to Canada for permanent residence and unless the person takes in court before a judge of the Court of Queen's Bench the oath or affirmation of allegiance in the form prescribed by law, and in the case of call to the bar, the oath or affirmation of a barrister, and in the case of admission as a solicitor, the oath or affirmation of a solicitor, in the forms following or to the like effect:

(a) The oath or affirmation of a barrister:

"I, A. B., do swear (or affirm) that I will truly and honestly conduct myself in the practice of a barrister according to my best knowledge and ability. So help me God". (Omit last four words where person affirms.)

(b) The oath or affirmation of a solicitor:

"I, A. B., do swear (or affirm) that I will truly and honestly conduct myself in the practice of an attorney-at-law and solicitor according to my best knowledge and ability. So help me God". (Omit last four words where person affirms.)

THE LEGISLATIVE ASSEMBLY ACT

Sec. 11 rep. and sub.

18

Section 11 of The Legislative Assembly Act, chapter L110 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following section is substituted therefor:

Oath or affirmation of members.

11

Every member of the Legislative Assembly, before taking the member's seat therein, shall take and subscribe before the Lieutenant Governor or before some person authorized by the Lieutenant Governor the following oath or affirmation of allegiance:

"I, A. B., do swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second (or as the case may be). So help me God. " (Omit last four words where person affirms.)

THE LOCAL AUTHORITIES ELECTION ACT

Subsec. 4(5) rep. and sub.

19

Subsection 4(5) of The Local Authorities Election Act, chapter L180 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsection is substituted therefor:

Affirmation of witness instead of oath.

4(5)

A person who is about to give evidence or who takes an affidavit shall be permitted to make a solemn affirmation or declaration instead of taking an oath, in the manner provided in The Manitoba Evidence Act; and, upon the person making such a solemn affirmation or declaration, the evidence or affidavit shall be taken and has the same effect as if taken or made under oath.

THE MUNICIPAL ACT

Subsec. 4(4) rep. and sub.

20(1)

Subsection 4(4) of The Municipal Act, chapter M225 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:

Affirmation instead of oath.

4(4)

A person who is about to give evidence or who takes an affidavit shall be permitted to make a solemn affirmation or declaration instead of taking an oath; and upon the person making such a solemn affirmation or declaration the evidence or affidavit shall be taken and has the same effect as if taken or made under oath.

Cl. 178(1)(a) and (b) rep. and sub.

20(2)

Clauses 178(1)(a) and (b) of the Act are repealed and the following therefor:

(a) becomes incapable, through illness or infirmity, of discharging the employee's duties efficiently; or

(b) reaches retirement age and then ceases to be an employee;.

THE PROVINCIAL AUDITOR'S ACT

Subsec. 4(1) rep. and sub.

21

Subsection 4(1) of The Provincial Auditor's Act, chapter P145 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following subsection is substituted therefor:

Term of office.

4(1)

The Provincial Auditor shall hold office during good behaviour for a term of 10 years and may be reappointed for further terms of 10 years each.

THE PUBLIC OFFICERS ACT

Secs. 6 to 11 rep. and sub.

22

Sections 6 to 11 of The Public Officers Act, chapter P230 of the Continuing Consolidation of the Statutes of Manitoba, are repealed and the following sections are substituted therefor:

Oath or affirmation of office.

6

Every public officer, and every person appointed to any office in respect to which an oath or affirmation of office is required to be taken by any statute or by order of the Lieutenant Governor in Council, unless some other form of oath or affirmation of office is provided by statute, shall, upon being notified of the appointment and before entering upon the performance of the duties of the office, or upon being otherwise so required, take and subscribe the following oath or affirmation or one to the like effect, namely:

I, ______, do solemnly swear (or affirm) that I will duly, faithfully and to the best of my knowledge and ability perform and fulfil the duties and requirements of the office of to which I have been appointed, and so long as I shall continue to hold that office, without fear or favour. So help me God. (Omit last four words where person affirms. )

In writing and duplicate.

7

The oath or affirmation of office shall be in writing and in duplicate, and may be taken and subscribed before any person authorized under The Manitoba Evidence Act to take affidavits in the province.

Oath or affirmation of allegiance still required.

8

The taking and subscribing of the oath or affirmation of office does not dispense with the taking of the oath or affirmation of allegiance in any case in which the last mentioned oath or affirmation is by law required to be taken.

Oath or affirmation of allegiance.

9

The following form shall be that of the oath or affirmation of allegiance to be administered to, and taken by, every person in the province, who, either of his own accord or in compliance with any lawful requirement made on him or in obedience to the directions of any Act of the Legislature, desires to take an oath or affirmation of allegiance; and the oath or affirmation may be administered by any person authorized by The Manitoba Evidence Act to take affidavits in the province, or lawfully authorized either by virtue of office or by special commission from the Crown for that purpose:

I, ______, do solemnly swear (or affirm) that I will be faithful and bear true allegiance to Her (or His) Majesty (naming the reigning sovereign for the time being), her (or his) heirs and successors, according to law. So help me God. (Omit last four words where person affirms. )

Clerk of Executive Council to have custody and keep register.

10

The Clerk of the Executive Council shall keep a register of and have custody of all oaths and affirmations of office and oaths and affirmations of allegiance. THE REAL PROPERTY ACT

Subsec. 172(3) rep.

23

Subsection 172(3) of The Real Property Act, chapter R30 of the Continuing Consolidation of the Statutes of Manitoba, is repealed.

THE SOCIAL ALLOWANCES ACT

Cl. 2(g) rep. and sub.

24

Clause 2(g) of The Social Allowances Act, chapter S160 of the Continuing Consolidation of the Statutes of Manitoba, is repealed and the following clause is substituted therefor:

(g) "dependant", with respect to any person, means the person's spouse and includes any child who is dependant upon the person for support but does not include the spouse of any child to whom this definition applies;. ("personne à charge")

THE TRADE PRACTICES INQUIRY ACT

Sec. 3 am.

25

Section 3 of The Trade Practices Inquiry Act, chapter T110 of the Continuing Consolidation of the Statutes of Manitoba, is amended by striking out everything before clause (a) thereof and substituting therefor the following:

Complaint in respect of trade matters.

3

Any four persons who are resident in Manitoba and who have reason to believe

THE VITAL STATISTICS ACT

Cls. 14(2)(b) and (c) rep. and sub.

26

Clauses 14(2)(b) and (c) of The Vital Statistics Act, chapter V60 of the Continuing Consolidation of the Statutes of Manitoba, are repealed and the following clauses are substituted therefor:

(b) if no relative is available, by any person present at the death;

(c) by any other person having knowledge of the facts;.

THE CITY OF WINNIPEG ACT

Subsec. 462(3) rep. and sub.

27(1)

Subsection 462(3) of The City of Winnipeg Act, chapter 105 of the Statutes of Manitoba, 1971 (in this section referred to as "the Act"), is repealed and the following subsection is substituted therefor:

Oath or affirmation of office.

462(3)

Each member of the police department who is to exercise the powers of a peace officer shall, before entering upon the member's duties, take and subscribe to the following oath or affirmation:

I, A. B. do swear (or affirm) that I will well and truly serve Her Majesty the Queen, her heirs and successors according to law in the office of police constable (or as the case may be) for The City of Winnipeg with no favour of affection, malice or ill-will, and that I will to the best of my power cause the peace to be kept and preserved, and will prevent all offences against the persons and properties of Her Majesty's subjects, and that I will to the best of my skill and knowledge discharge all the duties thereof faithfully and according to law. So help me God. (Omit last four words where person affirms. )

Cl. 478(1)(b) rep.

27(2)

Clause 478(1)(b) of the Act is repealed.

Commencement of Act.

28

This Act comes into force on the day it receives the royal assent.