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S.M. 1988-89, c. 15
Bill 23, 1st Session, 34th Legislature
The Regulations Validation Statutes Amendment Act
(Assented to December 20, 1988)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
AMENDMENTS TO THE NORTHERN AFFAIRS ACT
C.C.S.M. c. N100 (R.S.M. 1988 c. N100)
The Northern Affairs Act is amended in the manner set out in this Part.
Subsections 5(7), (8) and (9) added
The following is added after subsection 5(6):
Delegation of power by regulation
The minister may make regulations
(a) delegating, upon such terms and conditions as the minister considers advisable, to a community council or local committee for exercise within its boundaries a power to pass by-laws or make resolutions granted to the minister under this Act; and
(b) respecting the filing of by-laws and resolutions with the minister.
Notwithstanding anything in this Act, a by-law passed or resolution made by a community council or local committee under subsection (7) comes into force upon filing with the minister.
The minister may in writing disallow any by-law or resolution of a community council or local committee at any time after filing, and the by-law or resolution ceases to be in force and is deemed to be repealed.
AMENDMENTS TO THE HEALTH SERVICES ACT
The Health Services Act is amended in the manner set out in this Part.
Section 4 is amended by adding in clauses (a) and (c) after "establishment" ", continuance".
Section 5 is repealed.
Subsection 6(1) is repealed and the following substituted:
Regulation confirmed by L.G. in C.
A regulation made under this Act does not, subject to subsection (2), have any force or effect until it has been confirmed by order of the Lieutenant Governor in Council.
Publication of a regulation made under this Act is conclusive proof of the establishment of any unit area, district, agency, organization or service to which reference is made in the regulation and that all requirements of this Act relative to its establishment have been complied with.
Subsection 6(2) is amended by striking out "or by the Lieutenant Governor in Council in the order in council confirming the regulation" .
The following is added after section 43:
The minister may by regulation continue a district; and, when the regulation is in effect, the minister shall give written notice thereof to the council of each included municipality.
Section 44 is amended by adding "or continuing" after "establishing".
Clause 45(c) is repealed and the following is substituted:
(c) shall approve a specified scheme, ratified as provided herein.
The following is added after section 45:
Regulation continuing district
Where the minister by regulation continues a hospital district, a medical nursing unit district or a hospital area the minister may, notwithstanding section 45, omit expired or spent provisions from the regulation.
The regulation entitled "Hospital Districts and Medical Nursing Districts Regulation" made by the Minister and confirmed by the Lieutenant Governor in Council on December 14, 1988 is validated and is deemed to have been lawfully made and confirmed.
Subsection 52(2) is amended by striking out all the words following "board of the district".
AMENDMENTS TO THE HIGHWAYS PROTECTION ACT
The Highways Protection Act is amended in the manner set out in this Part.
The following is added after subsection 18(2):
In a regulation under this section, a limited access highway or a control line is sufficiently described if its location is indicated on a map adopted or incorporated by reference in the regulation.
The following is added after subsection 18(3):
Notwithstanding anything in this Act, the Lieutenant Governor in Council may by regulation made on or before December 31, 1988
(a) designate a highway or a part thereof as a limited access highway; and
(b) specifically establish
(i) a control line in relation to, and on either or both sides of, a limited access highway or a part thereof of not more than 250 feet from the edge of the right-of-way; and
(ii) at an intersection of two limited access highways or a limited access highway and another highway, a control line of not more than 1500 feet from the point of intersection of the centre lines of the highways.
Subsection 18(2.1) applies to a regulation made under subsection (1).
Repeal of traffic board regulations
A regulation made under subsection (1) may amend or repeal a regulation made by the traffic board under this Act.
Authority after December 31, 1988
A regulation made under subsection (1) shall after December 31, 1988 be deemed to have been made by the traffic board.
The regulation entitled "Control Lines Establishment and Limited Access Designations Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and deemed to have been lawfully made.
AMENDMENTS TO THE PUBLIC SCHOOLS ACT
The Public Schools Act is amended in the manner set out in this Part.
Subsection 2(1) is amended by adding "by regulation" after "may".
Subsection 2(2) is repealed and the following is substituted:
A regulation made under subsection (1) shall
(a) where a school district or remote school district is established or a territory is declared to be a school district or remote school district, specify the matters described in clauses 9(7.2)(a) and(b); and
(b) where a territory is added to a school district or remote school district, specify the matters described in clauses 9(7.3)(a) and (b).
Where a regulation is made under subsection (1), the Lieutenant Governor in Council may at the same time by Order in Council, provide for the appointment of a returning officer and for the making of all necessary arrangements, according to the provisions of section 6 of The Local Authorities Election Act.
Subsection 3(4) is amended by striking out "his written order" and substituting "regulation" .
Subsection 3(5) is amended by adding "by regulation" after "may".
The following is added after section 4:
Regulations respecting continuance
The board of reference may make regulations
(a) continuing a school district or school division; and
(b) confirming, for a school district or school division
(i) its name and number,
(ii) its boundaries or area,
(iii) the number of wards, if any, into which it is divided and the boundaries or area of each ward, and
(iv) the number of trustees in each ward or to be elected at large, unless, in the case of subclauses (iii) and (iv), a by-law of the school board has been passed as provided in section 57.
Sections 5, 9(3) to (12) do not apply
Section 5 and subsections 9(3) to 9(12) do not apply to a regulation made under subsection (1).
The regulation entitled "School Divisions and Districts Establishment Regulation" made by the Board of Reference on December 13, 1988 is validated and deemed to have been lawfully made.
Section 7 is repealed.
Subsection 9(7) is amended by adding "subject to subsection 9(7.1)" after "effect".
Subsections 9(7.1) to 9(7.3) added
The following is added after subsection 9(7):
The board of reference shall file those portions of an award which deal with those matters set out in subsections (7.2) and (7.3) as a regulation under The Regulations Act.
Where a school division or school district is established, a regulation referred to in subsection (7.1)
(a) shall specify
(i) the fact of its establishment;
(ii) its name and number;
(iii) its boundaries or area;
(iv) the number of wards, if any, into which it is divided and the boundaries or area of each ward; and
(v) the number of trustees in each ward, or to be elected at large; and
(b) shall make provision for the first election of trustees and their term of office or method of determining their term of office.
Where a school division or district is altered, including an alteration by merger, amalgamation or dissolution of school divisions or school districts or the removal from a school division of land included in an Indian Reserve, a regulation referred to in subsection (7.1)
(a) shall specify
(i) the boundaries or area resulting from the alteration; and
(ii) the number of wards, if any, into which it is divided and the boundaries or area of any ward resulting from the alteration; and
(b) shall make such changes in the number of trustees of the school board and the number of trustees to be elected from each ward, as may be required or desirable as a result of the alteration.
The following is added after section 9:
A school division, school district, remote school district, or northern school division is sufficiently described if its boundaries are shown or its area is indicated on a map adopted or incorporated by reference in the regulation.
Section 13 is repealed and the following substituted:
Dissolution of remote school district
Where all the schools in a remote school district are closed and have been continuously closed for two or more years, the minister may refer the matter of dissolving the remote school district to the board of reference, which may order
(a) that the remote school district be continued; or
(b) by regulation that the remote school district be dissolved; and
(c) the lands within the remote school district be transferred to a school division and direct the manner in which the assets and liabilities of the remote school district shall be disposed of or paid and adjust the rights and claims consequent upon the changes to be made.
Subsection 14(1) is amended by striking out "order" and substituting "regulation".
Subsection 14(2) is amended by striking ou "order" and substituting "regulation".
Subsection 14(3) is amended by striking out "An order" and substituting "A regulation" and by striking out "The order" in clause (b) and substituting "The regulation".
AMENDMENTS TO THE LOCAL GOVERNMENT DISTRICTS ACT
The Local Government Districts Act is amended in the manner set out in this Part.
Section 2 is repealed and the following is substituted:
The Lieutenant Governor in Council may by regulation
(a) incorporate or continue as a local government district the inhabitants of an area or areas that is or are wholly or partly in unorganized territory or in a disorganized municipality; and
(b) establish or confirm the area or areas or boundaries of the local government district.
A district shall be named as follows: "The Local Government District of ." (inserting where indicated the particular name of the district).
The regulation entitled "Local Government Districts Incorporation and Boundaries Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and deemed to have been lawfully made.
Sections 3 and 4 are repealed.
Section 5 is repealed and the following is substituted:
A local government district has the rights, powers, duties, and liabilities of
(a) a district under this or any other Act of the Legislature; and
(b) subject to subsection (2), a municipality or municipal corporation under The Municipal Act or any other Act of the Legislature.
Restriction on powers and duties
A right, power or duty of a district
(a) to suspend employees or make appointments under section 141, 142, 144, 151, 152, 153 or 174 of The Municipal Act; and
(b) to pass by-laws or expend funds under The Municipal Act or any other Act of the Legislature;
is subject to the approval of the minister.
Where there is a conflict between this Act and The Municipal Act or any other Act of the Legislature referred to in subsection (1), the provisions of this Act prevail.
Section 6 is repealed.
Subsection 7(1) is repealed.
Section 8 is repealed and the following is substituted:
The Lieutenant Governor in Council may by regulation alter the area or areas or boundaries of a district.
Section 9 is amended
(a) by repealing clause (l)(a);
(b) by adding "by regulation" before "abolish" in clause (l)(q); and
(c) by repealing subsection 9(6).
Subsection 15(3) is repealed.
Sections 23 and 24 are repealed.
Subsection 26(1) is amended by adding "by regulation" after "Lieutenant Governor in Council may".
Section 28 is amended by striking out "in its letters patent or".
AMENDMENTS TO THE MUNICIPAL ACT
C.C.S.M. c. M225 (R.S.M. 1988 c. M225)
The Municipal Act is amended in the manner set out in this Part.
Clause 4(2)(a) is repealed and the following is substituted:
(a) the day the regulation incorporating the municipality is filed under The Regulations Act, unless a later date is specified in the regulation.
Subsection 4(8) is amended by striking out "by its letters patent or" and substituting "by regulation respecting the powers of a municipality made by the Lieutenant Governor in Council or".
Section 7 is amended by striking out "The Municipal Boundaries Act or any other Act of the Legislature or any letters patent issued under an Act of the Legislature" and substituting "any Act of the Legislature or any regulation made under this Act".
Subsection 13(4) rep. and sub.
Subsection 13(4) is repealed and the following is substituted:
The Lieutenant Governor in Council may by regulation incorporate the inhabitants of an area as a village or town.
Subsection 13(5) is amended by striking out "letters patent" and substituting "regulation" .
Subsection 13(6) is repealed.
Section 16 is amended by striking out all the words after "affected by the irregularity" and substituting "the Lieutenant Governor in Council may rectify the irregularity."
The title of Division II is amended by adding "AND CONTINUATION" after "ALTERATION".
Section 19 is repealed and the following is substituted:
Notwithstanding anything in this or any other Act of the Legislature,
(a) the municipal status of a town, village, or rural municipality, or
(b) the area or boundaries of a town, village, rural municipality or city may be continued, confirmed, established or altered as provided in this division.
The following is added after section 19:
The Lieutenant Governor in Council may by regulation
(a) continue the status and confirm the area or boundaries of a town, village, or rural municipality;
(b) confirm the area or boundaries of a city;
(c) establish a new town, village, or rural municipality and its area or boundaries; and
(d) alter the area or boundaries of a town, village, rural municipality or city.
An area or boundary of a town, village, rural municipality or city is sufficiently described if its location is indicated on a map adopted or incorporated by reference in the regulation.
Sections 20 to 22 do not apply to a regulation made under clauses 19.1(l)(a) and (b).
The regulation entitled "Municipal Status and Boundaries Regulation" made by the Lieutenant Governor in Council on December 14, 1988 is validated and deemed to have been lawfully made.
Subsection 22(2) rep. and sub.
Subsection 22(2) is repealed and the following substituted:
Upon receiving the recommendations of the board through the minister, the Lieutenant Governor in Council may by regulation grant the prayer of the petition in whole or in part.
Section 37 is amended
(a) by striking out "the issue of the letters patent or supplementary letters patent under section 22 whereby the change is made" and substituting "the filing of the regulation made under section 22"; and
(b) by adding "by regulation" after "Lieutenant Governor in Council".
REPEAL OF THE MUNICIPAL BOUNDARIES ACT AND VARIOUS MUNICIPAL STATUTES INCORPORATING OR CONTINUING MUNICIPALITIES
The Acts and parts of Acts set out in the Schedule are repealed.
This Act comes into force on the day it receives the royal assent.
* * *
EXPLANATORY NOTE TO PART VII
1. General Acts affecting municipality boundaries are listed first.
2. The Schedule commencing at number 8 follows the order set out in Schedule D to the Continuing Consolidation of the Statutes of Manitoba. The names of the municipalities as headings are included for ease of reference.
3. Where a statute, other than one described in Note 1, refers to more than one municipality, it is listed under the name of the municipality that comes first alphabetically.
SCHEDULE
| ACT | STATUTES OF MANITOBA | EXTENT OF REPEAL | |
| THE MUNICIPAL BOUNDARIES ACT | |||
| 1. | The Municipal Boundaries Act | C.C.S.M. c. M250 | The Whole |
| 2. | An Act to Amend The Municipal Boundaries Act | 1970, c. 93 | The Whole |
| 3. | An Act Respecting The City of Brandon and Certain Neighbouring Municipalities | 1971, c. 92 | Sections 10 and 11 only |
| 4. | The Statute Law Amendment Act (1972) | 1972, c. 81 | Section 22 only |
| 5. | The Statute Law Amendment Act (1982) | 1982, c. 51 | Section 20 only |
| 6. | An Act to Amend The Queen's Bench Act and to Repeal The County Courts Act, The Surrogate Courts Act and The County Court Judges' Criminal Courts Act and to Amend The Municipal Boundaries Act | 1982-83-84, c. 82 | Section 26 only |
| 7. | An Act to Amend The Municipal Boundaries Act | 1985-86, c. 27 | The Whole |
| BEAUSEJOUR | |||
| 8. | An Act to Erect the Village of Beausejour into a Town Corporation | 1912, c. 4 | The Whole |
| 9. | An Act Respecting The Town of Beausejour | 1970, c. 107 | The Whole |
| BENITO | |||
| 10. | An Act to provide for the Incorporation of the Village of Benito | 1937, c. 65 | The Whole |
| BINSCARTH | |||
| 11. | An Act respecting the Village of Binscarth | 1917, c. 6 | The Whole |
| 12. | An Act to amend "An Act respecting the Village of Binscarth" | 1918,c. 5 | The Whole |
| BOISSEVAIN | |||
| 13. | An Act respecting the Town of Boissevain | 1906, c. 4 | The Whole |
| CARTWRIGHT | |||
| 14. | An Act to provide for the Incorporation of the Village of Cartwright | 1947, c. 76 | The Whole |
| CRYSTAL CITY | |||
| 15. | An Act to provide for the Incorporation of the Village of Crystal City | 1947, c. 77 | The Whole |
| DELORAINE | |||
| 16. | An Act respecting the Town of Deloraine | 1907, c. 10 | The Whole |
| EMERSON | |||
| 17. | An Act respecting the Town of Emerson | 1889, c.47 | The Whole |
| 18. | An Act to amend The Municipal Boundaries Act. | 1892, c. 27 | The Whole |
| ERICKSON | |||
| 19. | An Act to incorporate the Village of Erickson | 1952 (2nd), c. 5 | The Whole |
| GARSON | |||
| 20. | An Act to Change the Name of the Village of Lyall. | 1927, c. 95 | The Whole |
| GLADSTONE | |||
| 21. | An Act to Reduce the Limits and Boundaries of the Town of Gladstone | 1903, c. 17 | The Whole |
| GRANDVIEW | |||
| 22. | An Act respecting the Town of Grandview | 1909, c. 23 | The Whole |
| HARTNEY | |||
| 23. | An Act respecting the Town of Hartney | 1905, c.17 | The Whole |
| KILLARNEY | |||
| 24. | An Act respecting the Town of Killarney | 1907, c. 21 | The Whole |
| 25. | An Act to legalize a certain By-Law of the Town of Killarney | 1946, c. 78 | The Whole |
| 26. | An Act to validate By-Law No. 32-1962 of The Town of Killarney and By-Law No. 12-1962 of The Rural Municipality of Turtle Mountain, and to add certain lands to The Town of Killarney | 1963, c. 105 | The Whole |
| 27. | An Act to validate By-law No. 30-1966 of The Town of Killarney and By-law 11-1966 of The Rural Municipality of Turtle Mountain and to add a portion of the South East Quarter of Section Three in Township Three and Range Seventeen West of the Principal Meridian in the Province of Manitoba to The Town of Killarney | 1966-67, c.78 | The Whole |
| 28. | An Act to validate By-Law No. 28-1970 of the Town of Killarney and By-law No. 17-1970 of the Rural Municipality of Turtle Mountain and to add a portion of the South East Quarter of Section Three (3) in Township Three (3) and Range Seventeen (17) West of the Principal Meridian in the Province of Manitoba to the Town of Killarney | 1971, c. 98 | The Whole |
| MELITA | |||
| 29. | An Act respecting the Town of Melita | 1906, c. 44 | The Whole |
| MINITONAS | |||
| 30. | An Act to amend "The Municipal Boundaries Act". | 1901, c. 29 | The Whole |
| MORDEN | |||
| 31. | An Act respecting The Town of Morden | 1964 (1st), c. 66 | The Whole |
| 32. | An Act respecting The Town of Morden | 1969, c. 15 | The Whole |
| MORRIS | |||
| 33. | An Act to confirm and amend the Charter incorporating the Town of Morris, to legalize certain by-laws, and to incorporate the Town of Morris | 1883, c. 60 | The Whole |
| 34. | An Act respecting the Town of Morris | 1926, c. 87 | The Whole |
| 35. | An Act respecting the Town of Morris | 1971, c. 99 | Sections 1 to 9 and Section 11 |
| OAK LAKE | |||
| 36. | An Act respecting the Town of Oak Lake | 1907, c. 31 | The Whole |
| 37. | An Act respecting the Town of Oak Lake | 1921,c.l31 | The Whole |
| POWERVIEW | |||
| 38. | An Act to provide for the Incorporation of the Village of Powerview | 1950 (1st), c. 87 | The Whole |
| RIVERS | |||
| 39. | An Act to incorporate the Town of Rivers | 1913, c. 58 | The Whole |
| ROBLIN | |||
| 40. | An Act respecting the Village of Roblin | 1913, c. 60 | The Whole |
| 41. | An Act to erect the Village of Roblin into a Town and to enlarge the Boundaries thereof and to amend The Municipal Boundaries Act |
1962,c.99 | The Whole |
| ROSSBURN | |||
| 42. | An Act respecting the Village of Rossburn | 1913, c. 61 | The Whole |
| RUSSELL | |||
| 43. | An Act respecting the Town of Russell | 1968, c. 78 | The Whole |
| ST. LAZARE | |||
| 44. | An Act to provide for the Incorporation of the Village of St. Lazare | 1949, c. 90 | The Whole |
| SELKIRK | |||
| 45. | An Act confirming and declaring the limits and extent of the Town of Selkirk and validating the assessment, taxation and sale for arrears of taxes of certain lands in said Town | 1920,c.l22 | The Whole |
| SOURIS | |||
| 46. | An Act respecting the Town of Souris | 1968, c. 82 | The Whole |
| STEINBACH | |||
| 47. | An Act respecting The Town of Steinbach | 1963, c. 112 | The Whole |
| 48. | An Act respecting The Town of Steinbach | 1972, c. 92 | The Whole |
| STONEWALL | |||
| 49. | An Act respecting The Town of Stonewall | 1908, c. 58 | The Whole |
| 50. | An Act respecting The Town of Stonewall | 1952 (1st), c. 76 | The Whole |
| 51. | An Act to define the boundaries of The Town of Stonewall | 1958 (1st), c.93 | The Whole |
| SWAN RIVER | |||
| 52. | An Act respecting the Town of Swan River | 1908, c. 61 | The Whole |
| 53. | An Act respecting the Town of Swan River | 1950 (1st), c.92 | The Whole |
| THE PAS | |||
| 54. | An Act respecting the Town of The Pas | 1970, c. 115 | The Whole |
| WASKADA | |||
| 55. | An Act to provide for the Incorporation of the Village of Waskada | 1948, c. 91 | The Whole |
| WINKLER | |||
| 56. | An Act respecting the Town of Winkler | 1961 (1st), c.92 | The Whole |
| 57. | An Act respecting the Town of Winkler | 1962, c. 111 | The Whole |
| 58. | An Act respecting the Town of Winkler | 1966, c.90 | The Whole |
| WINNIPEG BEACH | |||
| 59. | An Act respecting the Village of Winnipeg Beach | 1910, c. 80 | The Whole |
| 60. | An Act to erect the Village of Winnipeg Beach into a Town Corporation | 1913-14, c. 128 | The Whole |
| 61. | An Act to amend "An Act to erect the Village of Winnipeg Beach into a Town Corporation" | 1920, c.l53 | The Whole |
| 62. | An Act to increase the Area of the Town of Winnipeg Beach | 1953 (2nd), c. 73 | The Whole |
| WINNIPEGOSIS | |||
| 63. | An Act to incorporate the Village of Winnipegosis | 1915, c. 94 | The Whole |