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S.M. 2012, c. 40
Bill 38, 1st Session, 40th Legislature
The Statutes Correction and Minor Amendments Act, 2012
TABLE OF CONTENTS
Section
PART 1 — GENERAL
1 The Adult Abuse Registry Act
2 The Animal Care Act
3 The Beausejour Hospital District Establishment Act
4 The Boxing Commission Act
5 The Cemeteries Act
6 The Child and Family Services Act
7 The City of Winnipeg Charter
8 The Civil Remedies Against Organized Crime Act
9 The Commodity Futures Act
10 The Condominium Act
11 The Condominium Act (unproclaimed)
12 The Consumer Protection Act
13 The Consumer Protection Amendment Act (Cost of Credit Disclosure and Miscellaneous Amendments)
14 The Cooperatives Act
15 The Court of Queen's Bench Act
16 The Court of Queen's Bench Small Claims Practices Act
17 The Drinking Water Safety Act
18 The East Side Traditional Lands Planning and Special Protected Areas Act
19 The Electoral Divisions Act
20 The Employment and Income Assistance Amendment and Highway Traffic Amendment Act
21 The Family Maintenance Act
22 The Freedom of Information and Protection of Privacy Act
23 The Funeral Directors and Embalmers Act
24 The Gas Pipe Line Act
25 The Highway Traffic Act
26 The Highway Traffic Amendment Act
27 The Jewish Foundation of Manitoba Act
28 The Law of Property Act
29 The Legislative Assembly Act
30 The Local Government Districts Act
31 The Municipal Assessment Act
32 The Municipal Board Act
33 The Ombudsman Act
34 The Pension Benefits Act
35 The Personal Property Security Act
36 The Pesticides and Fertilizers Control Act
37 The Public Health Act
38 The Public Schools Act
39 The Real Property Act
40 The Registry Act
41 The Residential Tenancies Act
42 The Sand and Gravel Act
43 The Statutes Correction and Minor Amendments Act, 2008
44 The University College of the North Act
45 The University of Manitoba Act
46 The Vital Statistics Act
47 The Vulnerable Persons Living with a Mental Disability Act
48 The Water Protection Act
PART 2 — EXECUTIVE GOVERNMENT ORGANIZATION
49 The Amusements Act
50 The Architects Act
51 The Builders' Liens Act
52 The Buildings and Mobile Homes Act
53 The Contaminated Sites Remediation Act
54 The Electricians' Licence Act
55 The Emergency Measures Act
56 The Employment Standards Code
57 The Engineering and Geoscientific Professions Act
58 The Environment Act
59 The Manitoba Floodway and East Side Road Authority Act
60 The Highway Traffic Act
61 The Income Tax Act
62 The Department of Labour and Immigration Act
63 The Municipal Act
64 The Municipal Board Act
65 The Northern Affairs Act
66 The Power Engineers Act
67 The Real Property Act
68 The Sustainable Development Act
PART 3 — COMING INTO FORCE
69 Coming into force
(Assented to June 14, 2012)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
GENERAL
THE ADULT ABUSE REGISTRY ACT
S.M. 2011, c. 26 (unproclaimed provision amended)
Subsection 46(1) of The Adult Abuse Registry Act, as enacted by S.M. 2011, c. 26, is amended by adding the following after clause (h):
(h.1) respecting fees and exemptions from fees;
THE ANIMAL CARE ACT
Clause 8(1)(d) of The Animal Care Act is amended by adding "or of any animal, substance or thing, including the carcass of a dead animal, that is in or has been in the place or vehicle" at the end.
THE BEAUSEJOUR HOSPITAL DISTRICT ESTABLISHMENT ACT
Clause 1(3)(a) of the English version of The Beausejour Hospital District Establishment Act, S.M. 1989-90, c. 70, is amended by adding "to" after "municipality".
THE BOXING COMMISSION ACT
The Boxing Commission Act is amended by this section.
The title is replaced with "THE BOXING ACT".
The definition "commission" in section 1 is replaced with the following:
"commission" means the Combative Sports Commission continued under section 2; (« Commission »)
Section 2 is replaced with the following:
The Boxing Commission is continued as a body corporate under the name "Combative Sports Commission".
THE CEMETERIES ACT
Clause 35(1)(d) of the English version of The Cemeteries Act is amended by striking out "fire arms" and substituting "firearms".
THE CHILD AND FAMILY SERVICES ACT
The Child and Family Services Act is amended by adding the following after subsection 45(4):
A judge or master may, without receiving further evidence, make an order under subsection (4) where
(a) the agency that has permanent guardianship of the child consents; and
(b) the parents of the child consent.
For the purpose of clause (4.1)(b), a person is deemed to consent if
(a) the person was served but does not appear at the hearing; or
(b) an order was made dispensing with service on the person.
THE CITY OF WINNIPEG CHARTER
The City of Winnipeg Charter, S.M. 2002, c. 39, is amended by this section.
Subsection 91(1) of the English version is amended by adding "area municipality" after "in any".
The definition "Vieux Saint-Boniface" in subsection 451(1) of the French version is amended by striking out "Vieux" and substituting "vieux".
THE CIVIL REMEDIES AGAINST ORGANIZED CRIME ACT
Subsection 7(3) of The Civil Remedies Against Organized Crime Act is amended by striking out "receives" and substituting "received".
THE COMMODITY FUTURES ACT
Section 21 of the French version of The Commodity Futures Act is amended by striking out "partie 6" and substituting "partie IV".
THE CONDOMINIUM ACT
The Condominium Act is amended by this section.
Clause 5(3)(d) of the French version is amended by striking out "du paragraphe (4)" and substituting "des paragraphes (4) et (5.1)".
Subsection 5(5.1) of the French version is amended in the part before clause (a) by striking out "l'alinéa (2)d)" and substituting "l'alinéa (3)d)".
Section 5.16 of the French version is amended by striking out "articles 5.1 à 5.14" and substituting "articles 5.1 à 5.15".
THE CONDOMINIUM ACT
S.M. 2011, c. 30, Schedule A (unproclaimed provisions amended)
The Condominium Act, as enacted by S.M. 2011, c. 30, Schedule A, is amended by this section.
Subclause 15(1)(a)(iii) is amended by adding "in which one or more units are located" after "each building".
Section 51 is amended
(a) by replacing clause (1)(c) with the following:
(c) a copy or summary of the reserve fund study if required under subsection 50(1) or, if that study has been updated, a copy or summary of the most recent update;
(b) by replacing clause (2)(n) with the following:
(n) a copy or summary of the reserve fund study if required under this Act or, if that study has been updated, a copy or summary of the most recent update; and
Clause 60(5)(a) is amended by adding ", unless otherwise disclosed to the buyer under this Part" after "services and amenities".
Subsection 156(2) is amended by adding the following after clause (c):
(d) a member of a prescribed class of persons.
The following is added after subsection 202(1):
Within 30 days after consenting to a sublet of his or her unit or an assignment of the tenancy agreement, the unit owner must give the condominium corporation a written notice stating that the unit has been sublet or the tenancy agreement has been assigned and indicating the name of the sub-tenant or assignee.
The following is added after subsection 209(1):
Within 30 days after consenting to a sublease or assignment of his or her unit, the unit owner must give the condominium corporation a written notice stating that there has been a sublease or assignment of the unit and indicating the name of the sub-tenant or assignee.
Clause 218(17)(b) of the English version is replaced with the following:
(b) if an appeal has been made,
(i) after the date that the appeals commissioner made the decision imposing or confirming the imposition of the fine, or
(ii) in the case of a mediated resolution that includes a date for the payment of the fine, after that date.
THE CONSUMER PROTECTION ACT
Subsection 161.1(3) of the French version of The Consumer Protection Act is amended by striking out "constitue" and substituting "constituent".
THE CONSUMER PROTECTION AMENDMENT ACT (COST OF CREDIT DISCLOSURE AND MISCELLANEOUS AMENDMENTS)
S.M. 2005, c. 16 (unproclaimed provisions repealed)
Subsection 3(5) and clauses 3(6)(b) and (c) of The Consumer Protection Amendment Act (Cost of Credit Disclosure and Miscellaneous Amendments), S.M. 2005, c. 16, are repealed.
THE COOPERATIVES ACT
The Cooperatives Act is amended by this section.
Subclause 39(4)(c)(ii) of the English version is amended by striking out "cooperative," and substituting "cooperative;".
Clause 39(4)(d) of the English version is amended by striking out "this Act," and substituting "this Act;".
Clause 234(3)(a) of the English version is amended by renumbering subclause (iii) as subclause (ii).
THE COURT OF QUEEN'S BENCH ACT
Clause 33(1)(b) of the English version of The Court of Queen's Bench Act is amended by striking out "Westminister" and substituting "Westminster".
THE COURT OF QUEEN'S BENCH SMALL CLAIMS PRACTICES ACT
Clause 9(1)(b) of The Court of Queen's Bench Small Claims Practices Act is amended by adding "to a fixed date" after "adjourn the claim".
THE DRINKING WATER SAFETY ACT
Clause 28(4)(b) of the French version of The Drinking Water Safety Act is amended by striking out "qu'elle" and substituting "qu'il".
THE EAST SIDE TRADITIONAL LANDS PLANNING AND SPECIAL PROTECTED AREAS ACT
Clause 8(1)(a) of the English version of The East Side Traditional Lands Planning and Special Protected Areas Act is amended by adding "days" after "90".
THE ELECTORAL DIVISIONS ACT
The Schedule to the French version of The Electoral Divisions Act is amended by adding the following at the end of the legal description of the Spruce Woods electoral division:
La présente description ne vise pas la ville de Brandon.
THE EMPLOYMENT AND INCOME ASSISTANCE AMENDMENT AND HIGHWAY TRAFFIC AMENDMENT ACT
S.M. 2011, c. 39 (unproclaimed provision amended)
Section 7 of The Employment and Income Assistance Amendment and Highway Traffic Amendment Act, S.M. 2011, c. 39, is amended by striking out "319(eeee)" and substituting "319(1)(eeee)".
THE FAMILY MAINTENANCE ACT
The Family Maintenance Act is amended by this section.
Clause 55(4)(i) is amended by striking out "a computer print-out showing" and substituting "information indicating".
Subsection 57(1.1) of the French version of The Family Maintenance Act is amended by striking out "est assimilée" and substituting "est assimilé".
THE FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
Subsections 98(1) and (2) of The Freedom of Information and Protection of Privacy Act are amended by adding "responsible" before "minister".
THE FUNERAL DIRECTORS AND EMBALMERS ACT
The Funeral Directors and Embalmers Act is amended by this section.
Section 1 is amended by repealing the definition "articled student".
Clause 8(3)(a) is amended by striking out "an articled" and substituting "a".
Subclause 11(1)(a)(i) is amended by striking out "served the period under articles required by the regulations and".
Section 17 is amended
(a) by repealing clause (d);
(b) in clause (e), by striking out "articled"; and
(c) in subclause (j)(i), by striking out "articled".
THE GAS PIPE LINE ACT
Clause 26(5)(b) of the French version of The Gas Pipe Line Act is amended by striking out "articles 111 ou 112" and substituting "articles 111 à 112".
THE HIGHWAY TRAFFIC ACT
The Highway Traffic Act is amended by this section.
Clause 155(3)(e) of the English version is amended by striking out "if driver" and substituting "if the driver".
Subsection 157(4.2) is replaced with the following:
Function of the medical review committee
The function of the medical review committee is to hear and determine the following appeals:
(a) appeals under subsection 124.6(3);
(b) appeals under section 19 or subsection 23(2) of The Drivers and Vehicles Act.
The part of subsection 157(6) before clause (a) is amended by striking out "this section" and substituting "section 19 or subsection 23(2) of The Drivers and Vehicles Act".
THE HIGHWAY TRAFFIC AMENDMENT ACT
S.M. 2004, c. 30 (unproclaimed provision repealed)
Section 22 of The Highway Traffic Amendment Act, S.M. 2004, c. 30, is repealed.
THE JEWISH FOUNDATION OF MANITOBA ACT
Clause 16(2)(a) of the French version of The Jewish Foundation of Manitoba Act, S.M. 2004, c. 46, is amended by striking out "ou il est impossible de le joindre".
THE LAW OF PROPERTY ACT
Subsection 7(1) of the French version of The Law of Property Act is amended by striking out "qu'elles visent" and substituting "qu'ils visent".
THE LEGISLATIVE ASSEMBLY ACT
The French version of The Legislative Assembly Act is amended by striking out "Commission de retraite de la fonction publique" and substituting "Régie de retraite de la fonction publique" in the following provisions:
(a) clause (b) of the definition "administrateur" in subsection 69(1);
(b) clause 87(1)(b);
(c) subsection 87(2).
THE LOCAL GOVERNMENT DISTRICTS ACT
Clause 5(1)(b) of The Local Government Districts Act is amended
(a) in the English version, by striking out "(2.2)" and substituting "(2.1)"; and
(b) in the French version, by striking out "(3)" and substituting "(2.1)".
THE MUNICIPAL ASSESSMENT ACT
The Municipal Assessment Act is amended by this section.
Subclause 21(a)(iv) is amended by striking out "The Mental Health Research Foundation Act, S.M. 1971, c. 108," and substituting "The Manitoba Mental Health Research Foundation Act, R.S.M. 1990, c. 98,".
Clause 22(1)(c.1) is amended by striking everything after "on the north by" and substituting "Elgin Avenue excepting the area north of the Public Lane which lies between William Avenue and Elgin Avenue and west of Parcel D Plan 51955 WLTO;".
THE MUNICIPAL BOARD ACT
Subsection 104(3) of the French version of The Municipal Board Act is amended by striking out "ou un projet" wherever it occurs and substituting "ou à un projet".
THE OMBUDSMAN ACT
Section 18 of The Ombudsman Act is amended by adding the following after clause (d):
For greater certainty, a cause of action is not a right referred to in clause (d), and the existence of a cause of action in relation to a matter does not, by itself, affect the authority of the Ombudsman to investigate that matter.
THE PENSION BENEFITS ACT
The Pension Benefits Act is amended by this section.
Clause 21(18)(a) of the English version is amended by striking out "difference" and substituting "differences".
Subsection 33(1) of the French version is amended by striking out "liquidation" wherever it occurs and substituting "cessation".
The part of subsection 37.2(3) before clause (a) is amended by striking out everything after "must".
THE PERSONAL PROPERTY SECURITY ACT
Clause 34(3)(a) of the English version of The Personal Property Security Act is amended by striking out "debtor,or" and substituting "debtor, or".
THE PESTICIDES AND FERTILIZERS CONTROL ACT
Clause 8(p.1) of the French version of The Pesticides and Fertilizers Control Act is amended by striking out "prendre es mesures" and substituting "prendres des mesures".
THE PUBLIC HEALTH ACT
Subsection 110(2) of the French version of The Public Health Act is amended by striking out "chacun d'entre eux" and substituting "chacune d'entre elles".
THE PUBLIC SCHOOLS ACT
The Public Schools Act is amended by this section.
Subsection 212(2) of the English version is amended by striking out "municiapl" and substituting "municipal".
THE REAL PROPERTY ACT
The Real Property Act is amended by this section.
The definition "development scheme" in section 1 of the English version is amended by striking out "affecting of two" and substituting "affecting two".
Subsections 49(1), 49(2) and 81(1) are amended by striking out "Bankruptcy Act" and substituting "Bankruptcy and Insolvency Act".
Subsection 52(5) is amended by striking out "subsection (2)" and substituting "subsection (4)".
Clause 72.5(2)(a) of the French version is amended by striking out "Colombie-britannique" and substituting "Colombie-Britannique".
Clause 109(1)(f) of the French version is amended by striking out "un servitude" and substituting "une servitude".
Clause 119(2)(c) of the French version is amended by adding "sur" before "celui-ci".
Subsection 121(2) of the English version is amended by striking out "The Special Surveys Act" and substituting "The Special Survey Act".
Subsection 169.3(2) of the French version is amended by striking out "pendant".
THE REGISTRY ACT
The section heading for subsection 20(2) of the English version of The Registry Act is amended by striking out "Fund and registrar" and substituting "Government".
THE RESIDENTIAL TENANCIES ACT
Subsection 195(5) of the English version of The Residential Tenancies Act is amended by striking out "prosection" and substituting "prosecution".
THE SAND AND GRAVEL ACT
Section 3 of The Sand and Gravel Act is replaced with the following:
Act subject to Crown Lands Act
This Act is subject to The Crown Lands Act, and if there is a conflict or inconsistency between this Act and The Crown Lands Act the provision in The Crown Lands Act is to prevail.
THE STATUTES CORRECTION AND MINOR AMENDMENTS ACT, 2008
S.M. 2008, c. 42 (unproclaimed provisions repealed)
Subsections 11(3) and (4) and subsection 101(2) of The Statutes Correction and Minor Amendments Act, 2008, S.M. 2008, c. 42, are repealed.
THE UNIVERSITY COLLEGE OF THE NORTH ACT
The University College of the North Act is amended by this section.
The following is added after subsection 6(4):
Despite subsections (2) and (4), a student member of the Governing Council who is appointed by the Lieutenant Governor in Council
(a) holds office for one year; and
(b) is eligible to hold office for more than two consecutive terms.
THE UNIVERSITY OF MANITOBA ACT
The University of Manitoba Act is amended
(a) by replacing the centred heading before section 56 with "AFFILIATIONS"; and
(b) by repealing the centred heading before section 58.1.
THE VITAL STATISTICS ACT
The Vital Statistics Act is amended by this section.
Subsection 7(5) of the English version is amended by striking out "repecting" and substituting "respecting".
Section 13 of the English version is amended by striking out "appplication" and substituting "application".
Clause 17(4)(c) of the English version is amended by striking out "form which" and substituting "form, which".
THE VULNERABLE PERSONS LIVING WITH A MENTAL DISABILITY ACT
Section 25.2 of the English version of The Vulnerable Persons Living with a Mental Disability Act is amended in the part after clause (b) by adding "or neglected" after "the person who abused".
THE WATER PROTECTION ACT
The Water Protection Act is amended by this section.
The French version of the centred heading before subsection 4(1) is replaced with "NORMES, OBJECTIFS ET DIRECTIVES APPLICABLES À LA QUALITÉ DE L'EAU".
The French version of subsection 4(1) is amended
(a) by replacing the section heading with "Normes, objectifs et directives applicables à la qualité de l'eau"; and
b) by striking out everything after "adopter" and substituting "des normes, des objectifs et des directives applicables à la qualité de l'eau."
Sections 19, 20 and 22 of the French version are amended by striking out "organisme de gestion des eaux" wherever it occurs and substituting "organisme de planification des eaux".
EXECUTIVE GOVERNMENT ORGANIZATION
THE AMUSEMENTS ACT
The Amusements Act is amended by this section.
Clause 7(1)(a) is amended by striking out "Minister of Labour and Immigration" and substituting "Minister of Family Services and Labour".
Subsection 7(2) is amended by striking out "Department of Labour and Immigration" and substituting "Department of Family Services and Labour".
Clause 9(1)(b) is amended by striking out "Minister of Labour and Immigration" and substituting "Minister of Family Services and Labour".
THE ARCHITECTS ACT
Clause 33(2)(a) of The Architects Act is amended by striking out "Minister of Labour and Immigration" and substituting "Minister of Family Services and Labour".
THE BUILDERS' LIENS ACT
Subsection 10(5) of The Builders' Liens Act is amended by striking out "The Department of Labour and Immigration Act" and substituting "The Labour Administration Act".
THE BUILDINGS AND MOBILE HOMES ACT
The definition "inspector" in section 1 of The Buildings and Mobile Homes Act is amended by striking out "The Department of Labour and Immigration Act" and substituting "The Labour Administration Act".
THE CONTAMINATED SITES REMEDIATION ACT
Section 54 of The Contaminated Sites Remediation Act is amended by striking out "Department of Conservation" and substituting "Department of Conservation and Water Stewardship".
THE ELECTRICIANS' LICENCE ACT
Subsection 10(3) of The Electricians' Licence Act is amended
(a) in the section heading of the English version, by striking out "Department of Labour and Immigration Act" and substituting "Labour Administration Act"; and
(b) by striking out "The Department of Labour and Immigration Act" and substituting "The Labour Administration Act".
THE EMERGENCY MEASURES ACT
Clause (f) of the definition "local authority" in section 1 of The Emergency Measures Act is amended by striking out "Minister of Conservation" and substituting "Minister of Conservation and Water Stewardship".
THE EMPLOYMENT STANDARDS CODE
The Employment Standards Code is amended by this section.
The definition "employment standards officer" in subsection 1(1) is amended by striking out "The Department of Labour and Immigration Act" and substituting "The Labour Administration Act".
Clause 94(1)(b) is amended by striking out "Department of Conservation" and substituting "Department of Conservation and Water Stewardship".
Section 120 is amended by striking out "The Department of Labour and Immigration Act" and substituting "The Labour Administration Act".
THE ENGINEERING AND GEOSCIENTIFIC PROFESSIONS ACT
Clauses 8(2)(d), 67(2)(a) and 68(2)(a) of The Engineering and Geoscientific Professions Act are amended by striking out "Minister of Labour and Immigration" and substituting "Minister of Family Services and Labour".
THE ENVIRONMENT ACT
Subsection 40.3(3) and the Schedule to The Environment Act are amended by striking out "Department of Conservation" wherever it occurs and substituting "Department of Conservation and Water Stewardship".
THE MANITOBA FLOODWAY AND EAST SIDE ROAD AUTHORITY ACT
Clause 5(2)(d) of The Manitoba Floodway and East Side Road Authority Act is amended by striking out "Department of Water Stewardship" and substituting "Department of Conservation and Water Stewardship".
THE HIGHWAY TRAFFIC ACT
Subsection 104(2) of The Highway Traffic Act is amended by striking out "Minister of Conservation" and substituting "Minister of Conservation and Water Stewardship".
THE INCOME TAX ACT
The definition "assessing authority" in subsection 5.11(1) of The Income Tax Act is amended by striking out "Department of Family Services and Consumer Affairs" and substituting "Department of Family Services and Labour".
THE DEPARTMENT OF LABOUR AND IMMIGRATION ACT
The Department of Labour and Immigration Act is amended by this section.
The title is replaced with "THE LABOUR ADMINISTRATION ACT".
Section 1 is amended
(a) by replacing the definition "department" with the following:
"department" means the department of government over which the minister presides; (« ministère »)
(b) by adding the following definition:
"labour Act" means an Act designated as a Labour Act in the Order in Council made under The Executive Government Organization Act that sets out the Acts for which the minister is responsible; (« loi du travail »)
Section 2 and subsection 3(1) are repealed.
Section 4 is amended by striking out "any of the Acts administered by the minister" and substituting "a labour Act".
Subsection 7(1) is amended by striking out "by any of the Acts administered by the minister through the department" and substituting "under any labour Act".
Subsection 7(2) is amended by striking out "of the Acts administered by the minister through the department" and substituting "labour Act".
Section 12 is amended by striking out "Act the administration of which is under the control of the minister" and substituting "labour Act".
Subsection 13(1) is amended by striking out "Act the administration of which is under the control of the minister" and substituting "labour Act".
THE MUNICIPAL ACT
Clause 292(b) of The Municipal Act is amended by striking out "Minister of Conservation" and substituting "Minister of Conservation and Water Stewardship".
THE MUNICIPAL BOARD ACT
Subsection 96(2) of The Municipal Board Act is amended by striking out "Minister of Conservation" and substituting "Minister of Conservation and Water Stewardship".
THE NORTHERN AFFAIRS ACT
Clause 71(b) of The Northern Affairs Act is amended by striking out "Minister of Conservation" and substituting "Minister of Conservation and Water Stewardship".
THE POWER ENGINEERS ACT
The definition "inspector" in section 1 of The Power Engineers Act is amended by striking out "The Department of Labour and Immigration Act" and substituting "The Labour Administration Act".
THE REAL PROPERTY ACT
Section 28 of The Real Property Act is amended by striking out "Minister of Conservation" and substituting "Minister of Conservation and Water Stewardship".
THE SUSTAINABLE DEVELOPMENT ACT
Section 5 of The Sustainable Development Act is amended by striking out "Department of Conservation" wherever it occurs and substituting "Department of Conservation and Water Stewardship".
COMING INTO FORCE
This Act, except subsection 25(3), comes into force on the day it receives royal assent.
Subsection 25(3) comes into force on the same day that sections 14 and 15 of The Highway Traffic Amendment Act, S.M. 2004, c. 30, come into force.