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S.M. 1989-90, c. 9

Bill 38, 2^nd Session, 34^th Legislature

The Statute Re-enactment and By-law Validation (Winnipeg) Act

Table of contents

(Assented to December 22, 1989)

WHEREAS by judgment of the Supreme Court of Canada dated June 13, 1985, the statutes of Manitoba that were not enacted in English and in French were declared to be invalid subject to a period of temporary validity to permit re-enactment in English and in French;

AND WHEREAS by order of the Supreme Court of Canada dated November 4, 1985, the expiry of the period of temporary validity was fixed at December 31, 1988, for the Acts in the Continuing Consolidation of the Statutes of Manitoba and at December 31, 1990 for all other Acts;

AND WHEREAS the Minister of Justice has caused the Acts set out in the roll to be prepared in English and in French;

AND WHEREAS it is expedient to give the Acts set out in the roll the force and effect of law subject to the limitations stated in this Act;

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

Definition of roll

1

In this Act, "roll" means the Acts contained in the roll, which has been signed at the beginning by the Minister of Justice and tabled in the Legislative Assembly and which Acts are listed in Schedule A.

Declaration of roll as law

2

Subject to the exceptions and limitations set out in this Act, the roll is declared to be law to all intents and purposes as though the roll and the Acts in the roll were expressly embodied in, and enacted by, this Act.

Citation

3(1)

An Act in the roll may be cited and referred to in any Act or proceeding either by its title as an Act, or as "Statutes of Manitoba, 1989-90, chapter _" (inserting the number of the Act as determined under subsection (2)).

Numbers assigned

3(2)

The Legislative Counsel shall assign to each statute set out in the roll a chapter number and may insert in the volume of Acts referred to in section 12 such explanatory notes as the Legislative Counsel considers appropriate.

Validation of by-laws and agreements

4

The by-laws and agreements set out in Schedule B, and all things done for the purpose of carrying them into effect and done under their authority, are validated and made binding on the municipalities and all parties affected by them, as if the by-laws and agreements were enacted by the Legislature.

Repeal

5

The Acts listed in Schedule C are repealed.

Effect of repeal

6

The repeal of the Acts listed in Schedule C does not

(a) revive any Act or provision of law repealed by them;

(b) affect any saving clause in the Acts so repealed; or

(c) prevent the application of an Act or provision of law formerly in force to a transaction, matter or thing anterior to the repeal to which they would otherwise apply.

Further effect of repeal

7(1)

The repeal of the Acts set out in Schedule C does not defeat, disturb, invalidate or affect

(a) a penalty, forfeiture or liability, civil or criminal, incurred before the time of the repeal or a proceeding for enforcing it, that is had, done, completed or pending at the time of the repeal;

(b) an indictment, information, conviction, order, sentence or prosecution that is had, done, completed or pending at the time of the repeal;

(c) an action, suit, judgment, decree, certificate, execution, distress, process, order or rule, or a proceeding, matter or thing respecting it, that is had, pending, existing or in force at the time of the repeal;

(d) an act, deed, right, title, interest, grant, assurance, descent, will, registry, filing, by-laws, rule, order-in-council, proclamation, regulation, order, contract, lien, charge, status, capacity, immunity, matter or thing that is had, done, made, acquired, established or existing at the time of the repeal;

(e) an office, appointment, commission, salary, remuneration, allowance, security or duty or any matter or thing pertaining to them at the time of the repeal; or

(f) any other matter or thing that is had, done, completed, existing or pending at the time of the repeal.

Continuance of existing conditions

7(2)

Every

(a) penalty, forfeiture and liability to which clause (1)(a) applies;

(b) indictment, information, conviction, order, sentence and prosecution to which clause (1)(b) applies;

(c) action, suit, judgment, decree, certificate, execution, distress, process, order, rule, proceeding, matter and thing to which clause (1)(c) applies;

(d) act, deed, right, title, interest, grant, assurance, descent, will, registry, filing, by-law, rule, order-in-council, proclamation, regulation, order, contract, lien, charge, status, capacity, immunity, matter and thing to which clause (1)(d) applies;

(e) office, appointment, commission, salary, remuneration, allowance, security, duty, matter, and thing to which clause (1)(e) applies; and

(f) matter and thing to which clause (1)(f) applies;

remains and continues as if the repeal of the Acts set out in Schedule C did not take place and, so far as necessary, may be continued, prosecuted, enforced and proceeded with as if the repeal did not take place.

Operation

8

The Acts set out in the roll shall not be held to operate as new law but shall be construed and have effect as a consolidation and as declaratory of the law as contained in those Acts repealed by section 5 and for which the roll is substituted.

Effect of insertion of an Act in Roll

9(1)

The insertion of an Act in the roll shall not be construed as a declaration that the Act or any portion of it was, or was not, in force immediately before the coming into force of this Act.

Copies of Acts printed by Queen's Printer

9(2)

Copies of the Acts set out in the roll purporting to be printed by the Queen's Printer are evidence of those Acts in all courts and places whatsoever, without further proof of any kind.

Interpretation

10(1)

Except as otherwise provided in this Act, the rules of construction and interpretation declared by The Interpretation Act apply to the Acts set out in the roll and to this Act.

Public Acts

10(2)

Every Act included in the roll is a Public Act.

Effect of other Acts of present session

11(1)

This Act does not give effect to a provision of an Act set out in the roll that is repealed by, or inconsistent with, an enactment passed at the session of the Legislature during which this Act is passed.

Acts of present session deemed to be later Acts

11(2)

Unless otherwise specifically provided, for the purpose of determining their effect, the enactments passed at the session of the Legislature during which this Act is passed shall be deemed to be enactments subsequent to the coming into force of this Act.

Publication of this Act

12(1)

Subject to subsection (2), a copy of this Act shall be printed, bound and published with the Acts enacted at the session of the Legislature during which this Act is passed.

Publication of Acts in roll

12(2)

The Acts set out in the roll shall

(a) be printed by the Queen's Printer in chapter format upon enactment; and

(b) be bound and published in a subsequent volume of Re-enacted Statutes.

Notes and tables

13

Any explanatory notes, headings and tables inserted by the Legislative Counsel in this Act, the Schedules or the roll form no part of the Acts and shall be held to be for convenience only.

Coming into force

14

This Act comes into force on royal assent. 

SCHEDULE A (section 2)

LIST OF ACTS SET OUT IN THE ROLL

Title of Act

The City of Winnipeg Act

The St. James-Assiniboia School Division No. 2 Act

The Taxation of the Canadian Pacific Railway By The City of Winnipeg Act

The Winnipeg School Division No. 1 Sinking Fund Trustees Act

EXPLANATORY NOTE:

The above listed Acts are not published in this volume but are published in the red bound volume of Manitoba statutes entitled "Re-enacted Statutes of Manitoba, 1989 and 1990 — Municipal Acts".

They were given chapter numbers by the Legislative Counsel pursuant to subsection 3(2) of this Act.

SCHEDULE B (section 4)

VALIDATED BY-LAWS AND AGREEMENTS

Note:  Each of the following by-laws and agreements was originally validated by the statute noted after it.



SCHEDULE C (section 5)

ACTS THAT ARE REPEALED

NOTE

1.

This Schedule follows the order set out in Schedule D (Local Municipal Acts) to the Revised Statutes of Manitoba, 1970.  The names of the municipalities as headings are included for convenience.

2.

Where a statute appears in Schedule D under the name of more than one municipality, it is listed in this Schedule under the name of the municipality that comes first alphabetically.

3.

Where a statute deals with both a rural municipality and a municipality that was once located within the boundaries of the present City of Winnipeg, the statute is listed in only this Bill.  Most of the rest of the statutes in Schedule D are dealt with in The Statute Re-enactment and By-law Validation (Municipal) Act.

CERTIFICATE

I, James C. McCrae, Minister of Justice for the Province of Manitoba, hereby certify that this volume contains the following statutes of Manitoba and is the roll referred to in The Statute Re-enactment and By-law Validation (Winnipeg) Act:

The City of Winnipeg Act

The St. James-Assiniboia School Division No. 2 Act

The Taxation of the Canadian Pacific Railway By The City of Winnipeg Act

The Winnipeg School Division Sinking Fund Trustees Act

Tables of Concordance for each Act are included at the end of the roll.