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S.M. 1992, c. 20
The Jury Amendment Act
(Assented to June 24, 1992)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
Subsection 7(2) of the English version is amended
(a) by striking out "would allow him" and substituting "would allow the Chief Sheriff";
(b) by striking out ", at his request, allow him" and substituting "allow the Chief Sheriff, upon request,"; and
Subsection 17(2) of the English version is amended
(a) by striking out "him" and substituting "him or her"; and
The following is added after section 24:
Every employer shall grant to an employee who is summoned to serve as a juror, a leave of absence, with or without pay, sufficient for the purpose of the discharge of the employee's duties, and, upon the employee's return, the employer shall reinstate the employee to his or her position, or provide the employee with alternative work of a comparable nature at not less than his or her wages at the time the leave of absence began and without loss of seniority or benefits accrued to the commencement of the leave of absence.
An employer who fails to comply with subsection (1) is liable to the employee for any loss occasioned by the breach of the employer's obligation.
Every employer who, directly or indirectly,
(a) threatens to cause or causes an employee loss of position, or employment; or
(b) threatens to impose or imposes on an employee any pecuniary or other penalty;
because of the employee's response to a summons or service as a juror, is guilty of an offence and liable, on summary conviction, to a fine of not more than $5,000. or to imprisonment for not more than three months, or to both.
Subsection 26(4) of the English version is amended
(a) by striking out "to him"; and
Section 27 of the English version is amended
(a) by striking out "that he", wherever it appears, and substituting "that he or she"; and
Clause 42(1)(a) of the English version is repealed and the following is substituted:
Subsection 42(2) of the English version is amended
(a) by striking out "his" and substituting "the juror's"; and
Section 46 of the English version is amended
(a) in clause (b), by striking out "his" and substituting "his or her"; and
(b) in clause (d),
(i) by striking out "his" and substituting "his or her", and
Section 49 of the English version is amended by striking out "he" and substituting "he or she".
This Act comes into force on the day it receives royal assent.