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S.M. 2008, c. 2

Bill 43, 2nd Session, 39th Legislature

The Loan Act, 2008

Table of contents

(Assented to June 5, 2008)

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



The following definitions apply in this Act.

"agency" means a corporation or agency mentioned in Schedule A or B or to which money may be advanced under a program mentioned in Schedule A or B. (« organisme »)

"government's borrowing authority" means the unused portion of the authority provided to the government under section 2, or under a similar provision of a previous Loan Act, to borrow money for purposes other than to refinance debt. (« pouvoir d'emprunt du gouvernement »)

Increase in government's borrowing authority


The authority of the government to borrow for purposes other than to refinance debt is increased by $2,300,000,000.

Borrowing authority of agency


Subject to subsection (3), an agency may borrow or raise for its purposes amounts not exceeding, in total, the amounts set out for the agency in Schedules A and B.  This is in addition to any amounts that an agency may borrow

(a) to refinance debt; or

(b) under a statutory authority to borrow money for temporary purposes or working capital.

Manner of raising money


Amounts borrowed or raised under subsection (1) may be borrowed or raised

(a) by means of a loan from the government; or

(b) subject to subsection (3), by any other means authorized by the agency's governing legislation and approved by the Lieutenant Governor in Council.

Abatement of government's borrowing authority


An amount borrowed or raised under clause (2)(b) reduces, and must not exceed, the government's borrowing authority.

Agency guarantee abates borrowing authority


The amount of a guarantee provided by an agency reduces, and must not exceed the lesser of,

(a) the government's borrowing authority; and

(b) the agency's unused borrowing authority under subsection (1).

L.G. in C. may authorize advances


The Lieutenant Governor in Council may authorize amounts to be advanced to agencies or for programs as set out in Schedules A and B.

Lapse of previous borrowing authority


Any unused authority under section 3 or 4 of The Loan Act, 2007 to borrow or advance an amount set out in a Schedule to that Act lapses except to the extent it is included in Schedule B to this Act.

Additional authority for loans and guarantees


Until changed by another Act of the Legislature, the total of the loans and guarantees that the government provides under section 63 of The Financial Administration Act in a fiscal year must not exceed $200,000,000.

Authority to borrow


An agency or other person that needs legislative authority to borrow an amount to be advanced to it by the government under section 63 of The Financial Administration Act is deemed to have that authority.

Coming into force


This Act is retroactive and is deemed to have come into force on April 1, 2008.

The Loan Act, 2008 — Schedule A

Incremental Capital Authority Requirements For Non-Budgetary Programs, 2008-09

The Manitoba Hydro-Electric Board $ 786,000,000
Manitoba Agricultural Services Corporation 132,948,900
Health Capital Program 118,108,600
Manitoba Opportunities Fund Ltd. 104,718,500
Manitoba Housing and Renewal Corporation 62,646,800
Post-secondary Institutions 53,200,000
The Manitoba Lotteries Corporation 46,750,000
Special Operating Agencies Financing Authority — Fleet Vehicles Agency 18,900,000
The Manitoba Water Services Board 13,048,300
Manitoba Student Aid Program 10,109,900
Rural Economic Development Initiatives 5,843,800
Communities Economic Development Fund 5,150,100
Special Operating Agencies Financing Authority — The Property Registry 4,000,000
Travel Manitoba 1,500,000
Diagnostic Services Manitoba 1,189,000
Special Operating Agencies Financing Authority — Pineland Forest Nursery 1,137,000
Leaf Rapids Town Properties Ltd. 1,000,000
Special Operating Agencies Financing Authority — Companies Office 450,000
Manitoba Film Guarantee Program 197,100

The Loan Act, 2008 — Schedule B

Expenditure Authority as at April 1, 2008 not yet expended or abated

The Manitoba Hydro-Electric Board $ 325,031,000
Health Capital Program 270,196,900
Manitoba Agricultural Services Corporation 117,543,700
Manitoba Industrial Opportunities Program 88,859,600
The Manitoba Lotteries Corporation 77,750,000
Manitoba Housing and Renewal Corporation 58,879,700
The Manitoba Water Services Board 47,062,500
Manitoba Student Aid Program 35,275,600
Diagnostic Services Manitoba 29,197,100
The University of Winnipeg 19,000,000
The Manitoba Lotteries Corporation — First Nations Casino Development 17,400,000
Communities Economic Development Fund 8,149,800
Special Operating Agencies Financing Authority — Fleet Vehicles Agency 4,900,000
Co-operative Loans and Loans Guarantee Board 3,500,000
Manitoba Farm Mediation Board 3,000,000
Manitoba Opportunities Fund Ltd. 2,595,200
Special Operating Agencies Financing Authority — Companies Office 2,050,000
Rural Economic Development Initiatives 1,975,500
Special Operating Agencies Financing Authority — The Property Registry 1,000,000
Manitoba Science and Technology Fund 754,300
Venture Manitoba Tours Ltd. 665,000
Manitoba Capital Fund 636,800
International Education 436,600
Manitoba Film Guarantee Program 402,900