S.M. 1989-90, c. 25
Bill 6, 2nd Session, 34th Legislature
The Law Reform Commission Act
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(Assented to March 8, 1990)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"commission" means the Manitoba Law Reform Commission continued under this Act; («Commission»)
"minister" means the Attorney General. («ministre»)
The "Manitoba Law Reform Commission", comprising the members appointed under section 3, is continued as a body corporate.
In no case shall the affairs or the duties of the commission be wound up or altered unless the Legislature so provides.
The commission shall be composed of not less than five and not more than seven commissioners appointed by the Lieutenant Governor in Council on the recommendation of the minister,
(a) at least one of whom shall be a judge of the Court of Queen's Bench;
(b) at least one of whom shall be a full-time member of the Faculty of Law of the University of Manitoba;
(c) at least one of whom shall be a barrister and solicitor entitled to practise in the province, and who is not in the full-time employ of the Government of Manitoba or any agency thereof; and
(d) at least one of whom is not a lawyer.
Subject to subsection (3), each commissioner shall hold office for a term of three years during good behaviour.
Two of the first commissioners appointed by the Lieutenant Governor in Council shall be appointed for a term of one year during good behaviour, a further two of the first commissioners shall be appointed to hold office for a term of two years during good behaviour, and the rest of the first commissioners so appointed shall be appointed to hold office for a term of three years during good behaviour.
A commissioner is disqualified from holding office, and the office held by the commissioner is vacated, where the commissioner
(a) fails to attend three consecutive regular meetings of the commission, except where the commission by resolution excuses the absences; or
(b) in the case of a commissioner who is a barrister or solicitor, ceases to be a member in good standing of the Law Society of Manitoba; or
(c) is declared under The Mental Health Act to be mentally disordered or incapable of managing his or her affairs.
A vacancy among the commissioners resulting from resignation, disqualification or death before the expiry of a term of office shall be filled by an appointment for the remainder of the unexpired term.
A commissioner whose term of office has expired may be re-appointed.
A commissioner whose term of office expires continues to hold office until a successor is appointed.
Notwithstanding anything in this section, the persons who are members of the commission on the coming into force of this Act shall continue to hold office for the terms of their appointments and thereafter until re-appointed or replaced.
The Lieutenant Governor in Council shall appoint one of the members of the commission, who shall be a lawyer, as president of the commission.
The president and other members of the commission shall be paid such remuneration as may be fixed by the Lieutenant Governor in Council.
The president and other members of the commission may be paid such reasonable out-of-pocket expenses incurred by them in the performance of duties under this Act as may be approved by the commission.
In no case shall the remuneration paid to the members of the commission be reduced unless the Legislature so provides.
The duties of the commission are to inquire into and consider any matter relating to law in Manitoba with a view to making recommendations for the improvement, modernization and reform of law, including, without limiting the generality of the foregoing,
(a) the removal of provisions of the law that are outdated or inconsistent;
(b) the maintenance and improvement of the administration of justice;
(c) the review of judicial and quasi-judicial procedures under any Act;
(d) the development of new approaches to, and new concepts of, law in keeping with and responsive to the changing needs of society and of individual members of society; and
(e) any subject referred to it by the minister.
For the purpose of managing and administering the affairs of the commission, the commissioners have, and may on behalf of the commission exercise, all the powers of the commission.
In the performance of its duties, the commission may
(a) institute and direct research, as it considers necessary, including studies and research relating to the laws and legal systems and institutions of other jurisdictions in Canada or elsewhere;
(b) receive and consider any proposals for the reform of the law that may be made or referred to it by any body or person;
(c) undertake any study pursuant to its duties as a joint project of the commission and any one or more other law reform commissions, agencies or bodies in Canada or elsewhere, and enter into such contractual or other arrangements as it considers necessary to carry out a joint project, including arrangements for the provision of personnel or other resources of the commission to any such commission, agency or body;
and may do such other things and take such other measures as the commission considers advisable for the achievement of its objects.
The minister may direct that the commission include any project in its program for studies and may direct that special priority be given to any project, and the commission shall be governed by any direction so made.
The commission may, by by-law, regulate its proceedings and provide generally for the conduct and management of its affairs.
The commission shall meet at least four times in each year.
A majority of the commission shall constitute a quorum of the commission.
An executive director, and such lawyers, office staff and other employees as may be required for the commission's purposes, may be employed under The Civil Service Act.
The provisions of The Civil Service Act and The Civil Service Superannuation Act, and the regulations made under those Acts, apply to persons employed under subsection (1).
The commission shall pay the salaries and remuneration of persons employed or appointed under section 10, and the commission shall prescribe their duties.
The executive director has the management, direction, control and administration of the day to day operations of the commission.
The commission may engage on a temporary basis or for specific projects the services of persons having technical or specialized knowledge of any matter relating to the work of the commission, to advise and assist the commission in the performance of its duties under this Act, and may fix and pay the remuneration and expenses of such persons.
Notwithstanding subsection 14(3), for the purpose of applying subsection 12(4) of The Civil Service Act to persons employed under section 10, the funds of the commission shall be deemed to be part of the Consolidated Fund.
The commission is an agent of Her Majesty in right of Manitoba.
The funds of the commission consist of moneys received from any source including, without restricting the generality of the foregoing, moneys granted to it for its use by the Legislature of Manitoba or the Manitoba Law Foundation.
For the purposes of subsection (1), the Minister of Finance, on the requisition of the minister, may pay grants to the commission from and out of the Consolidated Fund with moneys authorized for the purpose by the Legislature.
The commission has charge, control and management of its funds, and may disburse, expend or otherwise deal with those funds, in such manner, consistent with its objects and with this Act, as it may consider proper.
Without restricting the generality of subsection (3), the commission may invest any moneys not immediately required for its purposes in investments authorized by the Minister of Finance.
The commission shall report from time to time to the minister and shall make an annual report to the minister on the activities of the commission.
When the commission reviews, considers or inquires into any matter referred to it by the minister, the commission shall make a report to the minister with respect to that matter at the conclusion of its deliberations.
The commission may publish any report made under this section.
The Corporations Act does not apply to the commission.
The Law Reform Commission Act, chapter L95 of the Re-enacted Statutes of Manitoba, 1987, is repealed.
This Act may be referred to as chapter L95 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on royal assent.