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S.M. 1988-89, c. 13
Bill 12, 1st Session, 34th Legislature
The Statute Law Amendment Act (1988)
(Assented to December 20, 1988)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
THE AMUSEMENTS ACT
The French version of clause 52(g) of The Amusements Act is repealed and the following is substituted:
g) régir la projection de films;.
THE ANIMAL HUSBANDRY ACT
Schedules A and B of The Animal Husbandry Act are repealed.
THE BUILDINGS AND MOBILE HOMES ACT
The French version of subsection 3(2) of The Buildings and Mobile Homes Act is amended by striking out "Code de la norme" and substituting "code ou de la norme".
THE CENTENNIAL PROJECTS TAX STATUS ACT
Section 1 of The Centennial Projects Tax Status Act, as enacted by The Statute Re-enactment Act, 1988, is amended
(a) by striking out "and" at the end of clause (d);
(b) by adding "and" at the end of clause (e); and
(c) by adding the following clause:
(f) that portion of the lands, including all buildings and structures thereon, commonly known as Portage Place and situated within the area in The City of Winnipeg bounded on the south by Portage Avenue, on the west by Vaughan Street, on the north by Ellice Avenue and on the east by Carlton Street, leased to and occupied by Prairie Theatre Exchange and used or held for the purposes of Prairie Theatre Exchange.
THE CIVIL SERVICE SUPERANNUATION ACT
C.C.S.M. c. C120 (R.S.M. 1988)
Subsection 13(5) of The Civil Service Superannuation Act is repealed and the following is substituted:
For the purposes of this section, the rate of interest to be credited to the superannuation adjustment account shall be determined by the board and
(a) for the year 1977, shall be based on the rate earned on the mortgages, bonds and debentures obtained for the fund in that year taken to the next lower .5%;
(b) for the year 1978 and each year thereafter until the rate determined under this clause is equal to the rate earned on all mortgages, bonds and debentures in the fund, shall be based on the average of the rate earned on the mortgages, bonds and debentures obtained for the fund in that year taken to the next lower .5% and the rate determined under this subsection for each previous year; and
(c) for each year after the rate determined under clause (b) is equal to or less than the rate earned on all mortgages, bonds and debentures in the fund, shall be based on the rate earned on all mortgages, bonds and debentures in the fund.
THE CORPORATIONS ACT
The English version of clause 167(l)(k) of The Corporations Act is amended by striking out "of" where it appears for the first time and substituting "or".
THE CREDIT UNIONS AND
CAISSES POPULAIRES ACT
The French version of subsection 111(1) of The Credit Unions and Caisses Populaires Act is amended by striking out "ou d'employés" .
THE CROWN LANDS ACT
The Crown Lands Act is amended in the manner set forth in this section.
Clause 4(l)(f) is repealed and the following is substituted:
(f) the right to raise or lower the levels of a body of water adjacent to the land, regardless of the effect upon the land but subject to section 13.
Section 13 is amended by renumbering the section as subsection (1) and by adding the following subsections:
A contract for the sale of land under subsection (1) may contain a provision specifying whether or not the Crown will pay compensation for possible future damage to the land or any improvements thereon resulting from
(a) the raising or lowering by the Crown, pursuant to clause 4(l)(f), of the level of any body of water adjacent to the land; or
(b) the flooding of the land or a portion thereof, from any cause whatsoever; or
(c) the flow of any water, not amounting to flooding, upon or adjacent to the land;
and the provision may specify the amount, or the method of calculating or determining the amount, of any such compensation that may be payable.
Where a contract for the sale of land under subsection (1) contains a provision under subsection (2) and specifies that the provision is a covenant running with the land, the minister may, on the basis of the covenant, file a caveat with a copy of the contract attached in the proper land titles office.
THE REGISTERED DIETITIANS ACT
The Registered Dietitians Act is amended in the manner set forth in this section.
The French version of the Act is amended by striking out "diététiciennes"
(a) in the title;
(b) in the definition of «Association» and in the definition of «programmes de formation de diététiciennes» in section 1;
(c) in section 2;
(d) in clause 5(1)(d);
(e) in subsection 5(3);
(f) wherever it appears in clause 46(a);
(g) in subsection 47(1); and
(h) in subsection 47(2);
and, in each case, substituting "diététistes".
The French version of the Act is amended by striking out "diététicienne"
(a) in the definition of «diététicienne» in section 1;
(b) in clause 5(l)(c);
(c) wherever it appears in subsection 7(1);
(d) in subsection 7(2);
(e) in subsection 9(1);
(f) wherever it appears in subsection 9(2);
(g) in section 10;
(h) in section 12;
(i) wherever it appears in section 14;
(j) in subsection 15(2);
(k) in subsection 21(1);
(1) in subsection 35(1); and
(m) wherever it appears in subsection 44(1); and, in each case, substituting "diététiste".
THE ENVIRONMENT ACT
The English version of section 56 of The Environment Act is amended by striking out "is" where it appears for the first time and substituting "in".
THE FISHERIES ACT
Subsection 19(1) of The Fisheries Act is amended by striking out "$6,000,000." and substituting "$10,000,000.".
THE FREEDOM OF INFORMATION ACT
The Freedom of Information Act is amended in the manner set forth in this section.
Subsection 16(1) is amended by striking out "87 and 88" and substituting "85 and 86".
Clause 66(b) is repealed and the following is substituted:
(b)Subsections 63(1) and (2) and section 64 of The Workers Compensation Act.
Clauses 66(c) and (d) of the English version are repealed and the following are substituted:
(c)Sections 31 to 33 of The Vital Statistics Act.
(d)Section 9 of The Statistics Act.
THE GIFT TAX ACT
The Gift Tax Act (Manitoba) and the following parts of Acts are repealed:
(a)Section 27 of The Statute Law Amendment Act (1974), being chapter 59 of the Statutes of Manitoba, 1974.
(b)Part II of The Statute Law Amendment (Taxation) Act (1975), being chapter 25 of the Statutes of Manitoba, 1975.
(c)Section 66.1 of The Statute Law Amendment (Finance) Act (1976), being chapter 67 of the Statutes of Manitoba, 1976.
(d)Part II of The Statute Law Amendment (Taxation) Act (1977) (2), being chapter 58 of the Statutes of Manitoba, 1977.
(e)Part I of An Act to Amend The Gift Tax Act (Manitoba) and The Succession Duty Act (Manitoba), being chapter 2 of the Statutes of Manitoba, 1977 (2nd).
THE HEALTH AND POST SECONDARY EDUCATION TAX LEVY ACT
The Health and Post Secondary Education Tax Levy Act is amended in the manner set forth in this section.
The English version of subsection 13(1) is repealed and the following subsection is substituted:
Where the minister is informed or suspects that a person is or is about to become indebted, or liable to make a payment, to a debtor, the minister may, by registered letter or by letter served personally, demand of that person that the moneys otherwise payable by him to the debtor be paid, in whole or in part, to the minister on account of the liability of the debtor under this Act.
The English version of subsection 16(1) is amended by striking out "each day during with" and substituting "each day during which" .
THE HEALTH SERVICES INSURANCE ACT
The Health Services Insurance Act is amended in the manner set forth in this section.
The French version of clause 113(f) is amended by striking out "alinéas (h) et (x)" and substituting "alinéas h) à x)".
Section 113 is amended by renumbering the section as subsection (1) and by adding the following subsection:
A regulation under clause (l)(h), (i) or
(t) may be made effective retroactively to a date fixed in the regulation.
THE HIGHWAY TRAFFIC ACT
The French version of subsection 161(3) of The Highway Traffic Act is amended by adding "en vertu du paragraphe (2)" after "solvabilité" where it appears for the first time.
THE INCOME TAX ACT
Subsection 28(8) of The Income Tax Act is amended by adding "payable" after " minus all amounts".
THE INTERPRETATION ACT
Subsection 20(2) of The Interpretation Act is repealed and the following is substituted:
A citation of or reference to an Act of the Legislature or of any other province or territory of Canada or of Canada or a regulation made thereunder shall be deemed to be a citation of or reference to the Act or regulation as amended.
THE INTOXICATED PERSONS DETENTION ACT
The French version of clause 3(l)(b) of The Intoxicated Persons Detention Act is amended by striking out "un adulte" and substituting "une personne".
THE JUDGMENTS ACT
The Judgments Act is amended in the manner set forth in this section.
Section 6 is renumbered as subsection (1) and the following subsection is added:
Subsection (1) does not affect any registration referred to in subsection 75(6) or (7) of The Real Property Act or to which subsection 148(3) of that Act applies.
Section 6 is repealed.
THE JUSTICE FOR VICTIMS OF CRIME ACT
The French version of section 15 of The Justice for Victims of Crime Act is amended by striking out "le ministre" and substituting "le lieutenant-gouverneur en conseil".
THE LEGISLATIVE ASSEMBLY ACT
Subsection 73(1) of The Legislative Assembly Act is repealed.
THE LEGISLATIVE ASSEMBLY AND EXECUTIVE COUNCIL CONFLICT OF INTEREST ACT
Subsection 16(1) of The Legislative Assembly and Executive Council Conflict of Interest Act is amended by striking out "and" at the end of clause (a) and substituting "or" .
THE LIMITATION OF ACTIONS ACT
The Limitation of Actions Act is amended in the manner set forth in this section.
Section 61 is repealed and the following is substituted:
Time not to run while compromise in effect
Notwithstanding anything contained in this Act, in calculating the time within which any action or other proceedings must be commenced under this Act, the period during which the proceedings are stayed and the period during which a debtor is not in default under a contract or judgment as affected by a proposal binding upon the debtor and his creditors under the Farmers' Creditors Arrangement Act (Canada) shall not be included in the calculation.
Schedule A is amended by striking out item 26.
THE MENTAL HEALTH ACT
The French version of subsection 26.12(5) of The Mental Health Act is amended by striking out "le malade" wherever it appears and, in each case, substituting "la personne" .
THE MINERAL ACREAGE TAX ACT
The Mineral Acreage Tax Act and the following Acts and parts of Acts are repealed:
(a)Part III of The Statute Law Amendment (Taxation) Act (1975), being chapter 25 of the Statutes of Manitoba, 1975.
(b)Part V of The Statute Law Amendment (Finance) Act (1976), being chapter 67 of the Statutes of Manitoba, 1976.
(c)An Act to Amend The Mineral Acreage Tax Act, being chapter 3 of the Statutes of Manitoba, 1977 (2nd).
(d)Section 38 of An Act to Amend Various Acts of the Legislature to Facilitate the Reorganization and Expansion of the Court of Queen's Bench, being chapter 85 of the Statutes of Manitoba, 1982-83-84.
THE MORTGAGE DEALERS ACT
The Mortgage Dealers Act is amended in the manner set forth in this section.
Subsection 4(4) is amended by striking out "28" and substituting "29".
Subsection 5(2) is amended by striking out "28" and substituting "29".
Subsection 24(2) is amended by striking out "7" and substituting "6".
THE MOTIVE FUEL TAX ACT
C.C.S.M. c. M220 (R.S.M. 1988)
The Motive Fuel Tax Act is amended in the manner set forth in this section.
Clause 2(10)(b) is amended by striking out "propane, butane or" wherever if appears.
Subsection 2(28) is amended
(a) by adding "(14)" after "(10)" in the second line;
(b) by striking out "clause (10)(b)" in clause (e) and substituting "subsection (14)"; and
(c) by striking out "(19)" in clause (h) and substituting "(21)".
THE MUNICIPAL ACT
C.C.S.M. c. M225 (R.S.M. 1988)
The Municipal Act is amended in the manner set forth in this section.
Section 1 is amended by striking out the definition of "justice" or "justice of the peace" and the definition of "magistrate".
Section 126 is repealed and the following is substituted:
Default in meeting not to dissolve council
No council of a municipality is dissolved by the fact that any meeting thereof required under this Act or any other Act of the Legislature does not take place.
The English version of subsection 588(5) is amended by adding "village" after "unincorporated".
Subsection 859(4) is repealed and the following is substituted:
Where redemption from the tax sale or sales is effected in any manner, except as provided in section 845 or 856, the treasurer shall certify the fact in writing under the seal of the municipality to the district registrar of the land titles district in which the land is situated; and the district registrar shall make an entry in the records of the land titles office that the land is redeemed from the tax sale or sales, and the entry is binding on the municipality notwithstanding any error in the certificate given by the treasurer of the municipality.
Subsection 861(1) is repealed and the following is substituted:
Where a municipality desires to withdraw an application for title filed by it, the district registrar may withdraw the application and dispose of any entry of the registration thereof in his office upon receipt of a withdrawal under the corporate seal of the municipality.
THE NATURAL PRODUCTS MARKETING ACT
The Natural Products Marketing Act is amended by adding the following section:
Validation of imposition and collection of levies and charges
All levies or charges heretofore or hereafter imposed or collected by,
(a) a producer board, a marketing commission, the Canadian Turkey Marketing Agency or the Canadian Egg Marketing Agency pursuant to or purporting to be pursuant to the Agricultural Products Marketing Act (Canada) or the Farm Products Marketing Agencies Act (Canada); or
(b) a producer board, a marketing commission, the Canadian Turkey Marketing Agency or the Canadian Egg Marketing Agency, after January 19, 1978;
in respect of regulated products marketed locally within Manitoba shall be deemed to be and to have been imposed or collected pursuant to a regulation made under this Act and those levies or charges are hereby declared to be and to have been validly imposed or collected and, where they were imposed but not collected, may be collected as if they had been imposed under this Act.
THE NORTHERN AFFAIRS ACT
C.C.S.M. c. N100 (R.S.M. 1988)
The Northern Affairs Act is amended in the manner set forth in this section.
Subsection 41(4) is amended by striking out "subsections 115(1) to (5), sections" and substituting "sections 115,".
Subsection 46(1) is amended by striking out "mayor and chairman" and substituting "mayor or chairman".
THE OCCUPIERS' LIABILITY ACT
The Occupiers' Liability Act is amended in the manner set forth in this section.
Subsection 1(1) is amended by striking out the definition of "snowmobile" and by adding the following definition after the definition of "occupier":
"off-road vehicle" means an off-road vehicle as defined in The Off-Road Vehicles Act; («véhicule à caractère non routier»).
Subsection 3(4) is repealed and the following is substituted:
Duty of care respecting off-road vehicles
Notwithstanding subsection (1), an occupier of premises owes no duty of care towards a person who is driving or riding on an off-road vehicle or is being towed by an off-road vehicle or is riding on or in a conveyance being towed by an off-road vehicle on the premises without the express or implied consent of the occupier, except the duty
(a) not to create a danger with deliberate intent of doing harm or damage to the person or the person's property; and
(b) not to act with reckless disregard of the presence of the person or the person's property.
THE OFF-ROAD VEHICLES ACT
The Off-Road Vehicles Act is amended in the manner set forth in this section.
The French version of section 4 is amended by striking out "30 jours" in clause (a) and substituting "trois mois".
The English version of section 68 is amended by striking out "in prescribing amount of such fees" in clause (e) and substituting " and prescribing the amount of the fees".
THE OPTOMETRY ACT
Subsection 18(6) of The Optometry Act is repealed and the following is substituted:
Substitute lay person as member of council.
Where, at the time the council decides to appoint three members of council for the purpose of holding a hearing as mentioned under subsection (5), the lay member of council is ill or out of the province or is unable to act for any reason, the council may appoint another lay person as a member of council for the purpose of conducting and completing the hearing.
THE MANITOBA PUBLIC INSURANCE CORPORATION ACT
The French version of section 50 of The Manitoba Public Insurance Corporation Act is amended by adding "157" after "156".
THE PUBLIC SCHOOLS ACT
The Public Schools Act is amended in the manner set forth in this section.
Section 1 is amended by adding the following definition:
"fiscal year" means a fiscal year commencing on July 1 of any year and ending on June 30 of the year immediately following; («exercice»).
Section 1 is further amended by adding the following definition:
"year" means a calendar year. («année»).
Subsection 41(11) is repealed and the following subsections are substituted:
The auditor shall, not later than October 31 in each year, make a report to the school board on the annual financial statements examined by him as at the close of the immediately preceding fiscal year; and the report shall state (a) whether his examination included
(i) a general review of the accounting procedures of the division, and
(ii) such tests of accounting records, and examination of other supporting evidence, as he considers necessary in the circumstances; and
(b) whether, in his opinion, the balance sheet and statement of revenue and expenditure present fairly the financial position of the school division at the end of the immediately preceding fiscal year, and the results of its operations for the immediately preceding fiscal year, in accordance with accepted accounting principles for divisions applied on a basis consistent with that of prior fiscal years.
In subsection (11), the expression "the immediately preceding fiscal year", as it applies to the report required under that subsection by October 31, 1989, means the period commencing January 1, 1989 and ending June 30, 1989.
Subsection 41(14) is repealed and the following subsections are substituted:
Financial statement to minister
Not later than October 31 in each year, each school board shall furnish to the minister a duly audited financial statement showing the revenues, expenditures and other financial information relating to its school division or school district for the immediately preceding fiscal year, and the financial position of the school division or school district at the close of the immediately preceding fiscal year.
In subsection (14), the expression "the immediately preceding fiscal year", as it applies to the financial statements required under that subsection to be furnished by October 31, 1989, means the period commencing January 1, 1989 and ending June 30, 1989.
Section 171 is amended by striking out the definition of "eligible enrolment" and substituting the following definition:
"eligible enrolment" where used to refer to the eligible enrolment of a school division for a fiscal year means the number of pupils enrolled in the school division on September 30 of that fiscal year less 1/2 of the number of pupils in the kindergartens of the school division on that date, but not including
(a) nursery pupils, or
(b)Indian pupils enrolled in the school division and in respect of whose education an Indian band or the Government of Canada will be required to make contributions to the school division in that fiscal year, or
(c)Canada supported pupils, or
(d) pupils the cost of whose education is paid from sources other than school divisions; («inscription recevable»).
Section 171 is further amended by striking out the definition of "year".
Section 178 is repealed and the following section is substituted:
Estimate of expenses and revenue of school divisions
On or before January 15, in each year, the school board of each school division shall submit to the finance board in a form and manner prescribed by the finance board, an estimate of its expenses for all purposes and revenues from all sources for the immediately ensuing fiscal year.
THE REAL ESTATE BROKERS ACT
The Real Estate Brokers Act is amended in the manner set forth in this section.
Section 1 is amended by striking out clause (d) of the definition of "fraud", "fraudulent" and "fraudulent act" and substituting the following:
(d) the failure on the part of a registered broker or salesman to disclose to all parties concerned therein his true relationship to them, that is to say, whether he is acting as an agent or principal, and, when acting as a broker or salesman for a broker, the failure to disclose accurately, to persons entitled to know, the price asked by the vendor of the real estate,.
Section 1 is further amended by striking out the definition of "person" and substituting the following:
"person" includes an individual, and a corporation, firm, partnership, association and syndicate, and any unincorporated organization; («personne »).
Section 1 is further amended by striking out the definition of "sale" and substituting the following:
"regulations" means regulations made under this Act; («règlements»)
"sale" includes exchange, and "to sell" includes to exchange; («vente»).
Section 9 is amended by striking out "28" and substituting "29".
The English version of subsection 21(1) is amended by striking out "offerer" wherever it appears and, in each case, substituting "offeror".
Subsection 41(2) is amended by striking out "43(1)" and substituting "42(5)".
Subsection 41(4) is amended by adding "with" after "filed" in clause (a).
THE REAL PROPERTY ACT
The Real Property Act is amended in the manner set forth in this section.
Subsection 75(1) is amended by striking out "August 17" and substituting "August 18".
Subsection 75(2) is amended by adding "on or after August 19, 1987" after "general register".
Subsection 75(3) is amended by striking out "August 17" and substituting "August 20".
Subsection 75(4) is amended by striking out "February 17" and substituting "February 19".
Subsection 75(5) is amended by striking out "at any time prior to February 17, 1988" and substituting "on or before February 19, 1988".
Subsection 75(6) is amended by striking out "at any time prior to August 17, 1989" and substituting "on or before August 18, 1989".
THE RETAIL SALES TAX ACT
Subsection 2(11) of The Retail Sales Tax Act is amended by striking out "6%" and substituting "7%".
THE STATUTE LAW AMENDMENT ACT (1987)
The French version of section 27 of The Statute Law Amendment Act (1987) is repealed and the following is substituted:
La présente loi, à l'exception des articles 22.1 et 26, entre en vigueur le jour de sa sanction.
Entrée en vigueur de l'art. 17
L'article 17 est rétroactif et est réputé être entré en vigueur le 1er avril 1987.
Entrée en vigueur de l'art. 22.1
L'article 22.1 entre en vigueur le 1er septembre 1987. Toutefois, si la présente loi est sanctionnée après cette date, il est rétroactif et est réputé être entré en vigueur le 1er septembre 1987.
Entrée en vigueur de l'art. 26
L'article 26 entre en vigueur le ler juillet 1987. Toutefois, si la présente loi est sanctionnée après cette date, il est rétroactif et est réputé être entré en vigueur le 1er juillet 1987.
THE WILLS ACT
C.C.S.M. c. W150 (R.S.M. 1988)
The English version of section 33 of The Wills Act is amended by adding "but" after "lapse".
COMMENCEMENT
Subject to subsections (2) to (11), this Act comes into force on the day it receives the royal assent.
Commencement of secs. 1, 23, 35 and 37
Sections 1, 23, 35 and 37 are retroactive and are deemed to have been in force on and from February 1, 1988.
Section 12 comes into force on the day that The Freedom of Information Act, being chapter 6 of the Statutes of Manitoba 1985-86, comes into force.
Subsection 20(2) is retroactive and is deemed to have been in force on and from August 19, 1987.
Subsection 20(3) comes into force on August 20, 1989.
Section 28 is retroactive and is deemed to have been in force on and from April 1, 1987.
Section 30 comes into force on a day fixed by proclamation.
Section 32 comes into force on the day that The Off-Road Vehicles Act, being chapter 64 of the Statutes of Manitoba 1987-88, comes into force.
Section 36 comes into force on July 1, 1989.
Section 38 is retroactive and is deemed to have been in force on and from August 19, 1987.
Section 39 is retroactive and is deemed to have been in force on and from May 4, 1987.