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S.M. 2013, c. 48
Bill 39, 3rd Session, 40th Legislature
The Government Efficiency Act (Various Acts Amended or Replaced to Consolidate Boards and Agencies and Eliminate Government Appointments)
(Assented to December 5, 2013)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
AGRICULTURAL AGENCIES AND BOARDS
DIVISION 1
FARM PRODUCTS MARKETING COUNCIL
The Agricultural Producers' Organization Funding Act
The Agricultural Producers' Organization Funding Act is amended by this section.
The definition "agency" in subsection 1(1) is replaced with the following:
"agency" means the Manitoba Farm Products Marketing Council continued by subsection 12(1) of The Farm Products Marketing Act; (« Bureau »)
The heading for Part 2 is replaced with "RESPONSIBILITIES OF THE AGENCY AND RELATED MATTERS".
The following is added after section 9:
Application of Farm Products Marketing Act
When performing a duty or function or exercising a power under this Act, the agency has the same powers as it has in its role under The Farm Products Marketing Act.
The following is added after section 38:
DISSOLUTION OF FORMER AGENCY AND TRANSITIONAL PROVISIONS
The following definitions apply in this section.
"former agency" means the Agricultural Producers' Organization Certification Agency provided for in this Act as it read immediately before the coming into force of this section. (« ancien bureau »)
"new agency" means the Manitoba Farm Products Marketing Council. (« nouveau bureau »)
On the coming into force of this section,
(a) the former agency is dissolved;
(b) the appointments of the members of the former agency are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished;
(c) the rights and property of the former agency are vested in the government; and
(d) all liabilities and obligations of the former agency are assumed by the government.
A legal proceeding or action commenced by or against the former agency may be continued by or against the new agency as if it were the former agency.
Judicial review of former agency's decisions
If a person commences a legal proceeding for judicial review of a decision or action of the former agency, the proceeding must be taken against the new agency.
A regulation made by the former agency that is in effect on the coming into force of this section remains in effect and may be amended, repealed or enforced by the new agency.
Transitional — applications and petitions
If the former agency has not completed its consideration of an application under Part 3 of the Act or a petition under Part 4 of the Act, the new agency must deal with the application or petition as if it had been made to the new agency.
Transitional — determinations and certifications
Nothing in this section affects a determination or certification made by the former agency.
The centred heading "C.C.S.M. REFERENCE AND COMING INTO FORCE" is added before section 39.
The Farm Products Marketing Act
The Farm Products Marketing Act is amended by this section.
Section 2 is replaced with the following:
The purposes of this Act are to provide for
(a) the promotion, regulation and management of the production and marketing of farm products in Manitoba, including the prohibition of all or part of that production and marketing; and
(b) the establishment or continuation of a council responsible for the matters under this Act and The Agricultural Producers' Organization Funding Act.
Subsection 12(2) is amended by striking out "not less than three" and substituting "at least 6 but not more than 11".
The following is added after subsection 12(3):
The vice-chair has the authority of the chair if the chair is absent or unable to act, if the office of the chair is vacant or when authorized by the chair.
The following is added after section 12:
A majority of the Manitoba council members in office is a quorum. A decision of the majority of the Manitoba council members present at a meeting or conducting a hearing is a decision of the Manitoba council.
Clause 14(f) is amended by adding ", or The Agricultural Producers' Organization Funding Act" at the end.
The following is added after section 21 and before Part 6:
Establishing panels of the Manitoba council
The chair may
(a) establish panels of the Manitoba council, each comprising one or more council members, to determine matters before the Manitoba council under this Part, or to perform or exercise other duties, functions or powers of the Manitoba council under this Part;
(b) terminate an appointment to a panel;
(c) fill a vacancy on a panel;
(d) refer a matter that is before the Manitoba council under this Part to a panel or a matter that is before a panel to another panel; and
(e) assign a duty or function of the Manitoba council under this Part to a panel or from one panel to another.
If the chair establishes a panel comprising more than one member, the chair must designate one of those members as chair of the panel.
A decision of the majority of the members of a panel is a decision of the panel.
A panel has all the powers of the Manitoba council necessary to determine the matter or perform or exercise the duties, functions or powers in respect of which the panel was established.
Decision of panel is a decision of the Manitoba council
A decision of a panel about any matter being decided by it is a decision of the Manitoba council about the matter.
Section 12.1 does not apply in relation to a panel established under this section.
DIVISION 2
APPEAL TRIBUNAL
The Manitoba Agricultural Services Corporation Act
The Manitoba Agricultural Services Corporation Act is amended by this section.
Subsection 39(1) is amended by striking out "three" and substituting "at least four".
Subsection 39(3) is amended
(a) in the section heading, by adding "and vice-chair" at the end; and
(b) in the subsection, by adding "and another member as vice-chair" at the end.
The following is added after subsection 39(3):
The vice-chair has the authority of the chair if the chair is absent or unable to act, or when authorized by the chair.
Subsection 39(4) is amended by striking out "by the corporation".
The following is added after subsection 39(4):
Responsibility for paying remuneration and expenses
By order in council, the Lieutenant Governor in Council may specify who is responsible for paying the remuneration and expenses of the appeal tribunal's members in connection with different categories of matters coming before the tribunal.
A quorum of the appeal tribunal is three members. A decision of the majority of the tribunal members present at a meeting or conducting a hearing is a decision of the tribunal.
Section 43 is amended by adding "in an appeal in which the corporation is a party" after "tribunal".
The following is added after section 43 and before the centred heading that follows it:
No action or proceeding may be brought against a member of the appeal tribunal for anything done or omitted to be done, in good faith, in the exercise or performance, or intended exercise or performance, of a power, function or duty under this Act or a regulation under this Act, or under another Act or regulation under which an appeal is assigned to the tribunal.
The Crown Lands Act
The Crown Lands Act is amended by this section.
Section 1 is amended
(a) by repealing the definition "board"; and
(b) by adding the following definition:
"appeal tribunal" means the appeal tribunal continued by section 38 of The Manitoba Agricultural Services Corporation Act; (« tribunal d'appel »)
Section 7.4 is replaced with the following:
Duties, functions and powers of the appeal tribunal
For the purpose of this Act, the appeal tribunal
(a) is to hear and determine appeals under section 7.6; and
(b) may recommend to the minister policy changes on matters related to agricultural Crown lands.
Application of Manitoba Agricultural Services Corporation Act
When performing a duty or function or exercising a power under this Act, the appeal tribunal has the same powers as it has in its role under The Manitoba Agricultural Services Corporation Act.
Section 7.6 is amended in the following provisions by striking out "board" wherever it occurs and substituting "appeal tribunal" with necessary grammatical changes:
(a) in the section heading for subsection (1) and in subsections (1) and (3);
(b) in the section heading for subsection (5) and in subsections (5) to (9).
The centred heading "GENERAL PROVISIONS" is added after section 33.
The following is added after section 35:
DISSOLUTION OF APPEAL BOARD AND TRANSITIONAL PROVISIONS
The following definitions apply in this section and sections 37 to 39.
"former Act" means this Act as it read immediately before the coming into force of this section. (« loi antérieure »)
"former appeal board" means the Agricultural Crown Lands Appeal Board established by subsection 7.4(1) of the former Act. (« ancienne commission d'appel »)
Dissolution of former appeal board and termination of members' appointments
On the coming into force of this section,
(a) the former appeal board is disestablished; and
(b) the appointments of the members of the former appeal board are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished.
Limited continuation of former Act and board
Despite subsection (1),
(a) the former Act continues in force; and
(b) the former appeal board, consisting of the members of the board in office on the day before this section came into force, is continued;
to the extent necessary to permit the former appeal board to complete any matter in relation to which it has heard or considered evidence or submissions before the coming into force of this section.
Other matters before the former appeal board
Except in the circumstances described in subsection (2), all matters before the former appeal board when this section comes into force must be dealt with in accordance with this Act by the appeal tribunal.
Judicial review of decisions of former appeal board
If a person commences a legal proceeding for judicial review of a decision or action of the former appeal board, the proceeding must be taken against the appeal tribunal.
The Lieutenant Governor in Council may make regulations respecting any transitional or other problem resulting from the disestablishment of the former appeal board.
DIVISION 3
MANITOBA FARM INDUSTRY BOARD
The Family Farm Protection Act
The Family Farm Protection Act is amended by this section.
Subsection 1(1) is amended
(a) by replacing the definition "board" with the following:
"board" means the Manitoba Farm Industry Board established by section 3; (« Commission »)
(b) by repealing the definition "peer advisory committee".
The heading for Part II is replaced with "MANITOBA FARM INDUSTRY BOARD".
Subsections 3(1) to (6) are replaced with the following:
The Manitoba Farm Industry Board is hereby established.
The board is to consist of at least 6 but not more than 11 members appointed by the Lieutenant Governor in Council.
Members of the board are to be appointed for the term fixed in the order appointing them.
A member whose term expires continues to hold office until he or she is re-appointed, a successor is appointed or the appointment is revoked.
The Lieutenant Governor in Council must designate one of the members of the board as chair and another member as vice-chair.
The members of the board are to be paid remuneration and expenses at rates set by the Lieutenant Governor in Council.
Subsections 3(8) and (9) are replaced with the following:
The vice-chair has the authority of the chair if the chair is absent or unable to act, if the office of the chair is vacant or when authorized by the chair.
Any employees required to enable the board to carry out its responsibilities may be appointed in accordance with The Civil Service Act.
Subsection 3(11) of the English version is amended
(a) by striking out "chairperson" wherever it occurs and substituting "chair"; and
(b) by striking out "vice-chairperson" wherever it occurs and substituting "vice-chair".
The following is added before section 4:
Establishing panels of the board
The chair may
(a) establish panels of the board, each comprising one or more board members,
(i) to determine matters before the board or to perform or exercise other duties, functions or powers of the board, or
(ii) in the case of a mediation panel within the meaning of section 6, to determine the matters in relation to which the mediation panel is established;
(b) terminate an appointment to a panel;
(c) fill a vacancy on a panel;
(d) refer a matter that is before the board to a panel or a matter that is before a panel to another panel; and
(e) assign a duty or function of the board to a panel or from one panel to another.
If the chair establishes a panel comprising more than one member, the chair must designate one of those members as chair of the panel.
A decision of the majority of the members of a panel is a decision of the panel.
A panel has all the powers of the board necessary to determine the matter or perform or exercise the duties, functions or powers in respect of which the panel was established.
Decision of panel is a decision of the board
A decision of a panel about any matter being decided by it is a decision of the board about the matter.
The following is added after section 4:
Powers of board in relation to other proceedings
To avoid doubt, when performing a duty or function or exercising a power assigned or granted to it under any other Act, or by the Lieutenant Governor in Council or the minister as described in subsection 5(1), the board has the same powers as it has in its role under this Act.
Subsection 5(1) of the English version is amended by striking out "rights" and substituting "powers".
Subsection 5(5) is replaced with the following:
The members of the board have the powers of commissioners under Part V of The Manitoba Evidence Act.
Subsection 6(1) is amended
(a) in the part before clause (a) of the English version, by striking out "chairperson of the board" and substituting "chair"; and
(b) in clause (a), by striking out "3 members" and substituting "one member".
Subsection 6(2) of the English version is amended by striking out "shall be" and substituting "is".
The heading for Part VI is replaced with "PEER ADVISORY PANELS".
Sections 26 and 27 are repealed.
Section 28 is replaced with the following:
At any time, a farmer, a farmer's creditor or a farmer and creditor together may, by notice in writing to the chair, request the board
(a) to assist in reviewing the financial arrangements between the farmer and any or all of the farmer's creditors with a view to bringing about an arrangement for payment or other settlement of the farmer's debts to the creditors without resort to legal proceedings; or
(b) to provide such other assistance to the farmer as may be requested in the notice.
Subsection 29(1) is replaced with the following:
Establishing a peer advisory panel
After the board receives a request for assistance under section 28, the chair may establish a peer advisory panel in accordance with subsection 3(17).
Section 32 is replaced with the following:
No action or proceeding may be brought against the board, a member of the board, an employee appointed as permitted by subsection 3(9) or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or performance, or intended exercise or performance, of a power, function or duty under this Act or a regulation under this Act.
The following is added after section 39:
DISSOLUTION OF FORMER BOARD AND TRANSITIONAL PROVISIONS
The following definitions apply in this Part.
"current board" means the Manitoba Farm Industry Board established by subsection 3(1). (« commission actuelle »)
"former Act" means this Act as it read immediately before the coming into force of this section. (« loi antérieure »)
"former board" means The Manitoba Farm Mediation Board established by subsection 3(1) of the former Act. (« ancienne commission »)
On the coming into force of this section,
(a) the former board is dissolved;
(b) the appointments of the members of the former board are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished;
(c) the rights and property of the former board are vested in the government; and
(d) the liabilities and obligations of the former board are assumed by the government.
Limited continuation of former Act and board
Despite subsection (1),
(a) the former Act continues in force; and
(b) the former board, consisting of the members of the board in office on the day before this section came into force, is continued;
to the extent necessary to permit the former board to complete any matter in relation to which it has heard or considered evidence or submissions before the coming into force of this section.
Other matters before the former board
Except in the circumstances described in subsection (2), all matters before the former board when this section comes into force must be dealt with in accordance with this Act by the current board.
Legal proceeding or action by or against former board
A legal proceeding or action commenced by or against the former board may be continued by or against the current board as if it were the former board and the former Act were still in force.
Judicial review of decisions of former board
If a person commences a legal proceeding for judicial review of a decision or action of the former board, the proceeding must be taken against the current board.
Former peer advisory committee and panels disestablished
On the coming into force of this section,
(a) the peer advisory committee established by subsection 26(1) of the former Act and any peer advisory panels established under subsection 29(1) of the former Act are disestablished; and
(b) the appointments of the members of the peer advisory committee and those panels are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished.
Limited continuation of former Act and peer advisory panels
Despite subsection (1), if a peer advisory panel established under Part VI of the former Act has, before the coming into force of this section, heard or considered evidence or submissions about the matter in respect of which it was established,
(a) Part VI of the former Act continues in force; and
(b) the peer advisory panel is continued;
to the extent necessary to permit the panel to complete the matter.
Other matters before the former peer advisory committee or panels
Except in the circumstances described in subsection (2), all matters before the peer advisory committee or a peer advisory panel under the former Act when this section comes into force must be dealt with in accordance with this Act by the current board.
All orders made by the former board before the coming into force of this section, but not yet expired or spent, are continued in force and may be enforced or otherwise dealt with by the current board as though they had been made by it.
The Lieutenant Governor in Council may make regulations respecting any transitional or other problem resulting from the dissolution of the former board.
The following Part heading is added immediately before section 40:
C.C.S.M. REFERENCE AND COMING INTO FORCE
The Farm Lands Ownership Act
The Farm Lands Ownership Act is amended by this section.
Subsection 1(1) is amended
(a) in the English version, by replacing the definition "board" with the following:
"board" means the Manitoba Farm Industry Board established under subsection 3(1) of The Family Farm Protection Act; (« Commission »)
(b) in the French version,
(i) by adding the following definition:
« Commission » La Commission agricole du Manitoba constituée en vertu du paragraphe 3(1) de la Loi sur la protection des exploitations agricoles familiales. ("board")
(ii) by repealing the definition "Office", and
(iii) in the definitions "immigrant admissible", "ordonnance" and "terres agricoles", by striking out "l'Office" and substituting "la Commission".
In the following provisions of the French version, "l'Office" is struck out wherever it occurs and "la Commission" is substituted with necessary grammatical changes:
(a) subsections 3(2), (3), (5) and (16);
(b) subsection 5(1);
(c) subsection 8(5);
(d) subsections 9(1), (2) and (6);
(e) subsections 11(4), (8) and (10);
(f) subsections 13(1) and (2);
(g) section 14;
(h) subsections 15(1) and (4);
(i) subsections 16(1) and (2);
In the following provisions of the French version, "L'Office" is struck out wherever it occurs and "La Commission" is substituted with necessary grammatical changes:
(a) subsections 7(1) and (2);
(b) subsection 9(3);
(c) section 12;
Subsection 8(1) is replaced with the following:
Duties, functions and powers of the board
For the purpose of this Act, the board must perform the duties and functions and may exercise the powers imposed upon or granted to it under this Act.
Application of Family Farm Protection Act
When performing a duty or function or exercising a power under this Act, the board has the same powers as it has in its role under The Family Farm Protection Act.
Subsection 8(2) is amended
(a) in the section heading in the French version, by striking out "l'Office" and substituting "la Commission";
(b) in the part before clause (a),
(i) by striking out "subsection (1)" and substituting "subsections (1) and (1.1)", and
(ii) in the French version, by striking out "l'Office" and substituting "la Commission" with necessary grammatical changes; and
(c) in clause (c) of the French version, by striking out "l'Office" and substituting "la Commission".
Subsections 8(3) and (4) are repealed.
Subsection 13(1) is replaced with the following:
No action or proceeding may be brought against the board, a member or employee of the board or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or performance, or intended exercise or performance, of a power, function or duty under this Act or a regulation made under this Act.
The following is added after section 18:
DISESTABLISHMENT OF FORMER BOARD AND TRANSITIONAL PROVISIONS
The following definitions apply in this section and sections 20 to 24.
"current board" means the Manitoba Farm Industry Board established by subsection 3(1) of The Family Farm Protection Act. (« commission actuelle »)
"former Act" means this Act as it read immediately before the coming into force of this section. (« loi antérieure »)
"former board" means The Manitoba Farm Lands Ownership Board continued by subsection 6(1) of the former Act. (« ancien office »)
Disestablishment of former board
On the coming into force of this section,
(a) the former board is disestablished; and
(b) the appointments of the members of the former board are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished.
Limited continuation of former Act and board
Despite subsection (1),
(a) the former Act continues in force; and
(b) the former board, consisting of the members of the board in office on the day before this section came into force, is continued;
to the extent necessary to permit the former board to complete any matter in relation to which it has heard or considered evidence or submissions before the coming into force of this section.
Other matters before the former board
Except in the circumstances described in subsection (2), all matters before the former board when this section comes into force must be dealt with in accordance with this Act by the current board.
Legal proceeding or action by or against former board
A legal proceeding or action commenced by or against the former board may be continued by or against the current board as if it were the former board and the former Act were still in force.
Judicial review of decisions of former board
If a person commences a legal proceeding for judicial review of a decision or action of the former board, the proceeding must be taken against the current board.
All orders made by the former board before the coming into force of this section, but not yet expired or spent, are continued in force and may be enforced or otherwise dealt with by the current board as though they had been made by it.
The Lieutenant Governor in Council may make regulations respecting any transitional or other problem resulting from the disestablishment of the former board.
The Farm Machinery and Equipment Act
The Farm Machinery and Equipment Act is amended by this section.
The definition "board" in subsection 1(1) is replaced with the following:
"board" means the Manitoba Farm Industry Board established by subsection 3(1) of The Family Farm Protection Act; (« Commission »)
The centred heading before section 3 is replaced with "POWERS AND DUTIES OF THE BOARD".
The following is added after subsection 4(2):
Application of Family Farm Protection Act
When performing a duty or function or exercising a power under this Act, the board has the same powers as it has in its role under The Family Farm Protection Act.
Section 7 is replaced with the following:
No action or proceeding may be brought against the board, a member or employee of the board or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or performance, or intended exercise or performance, of a power, function or duty under this Act or a regulation made under this Act.
Subsection 55(7) is amended
(a) by adding "and" at the end of clause (a) and repealing clause (b); and
(b) in clause (c), by striking out "of the board".
The following is added after section 62 and before the centred heading that follows it:
DISESTABLISHMENT OF FORMER BOARD AND TRANSITIONAL PROVISIONS
The following definitions apply in this section and sections 62.2 to 62.6.
"current board" means the Manitoba Farm Industry Board established by subsection 3(1) of The Family Farm Protection Act. (« commission actuelle »)
"former Act" means this Act as it read immediately before the coming into force of this section. (« loi antérieure »)
"former board" means The Farm Machinery Board continued by subsection 3(1) of the former Act. (« ancienne commission »)
On the coming into force of this section,
(a) the former board is disestablished; and
(b) the appointments of the members of the former board are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished.
Limited continuation of former Act and board
Despite subsection (1),
(a) the former Act continues in force; and
(b) the former board, consisting of the members of the board in office on the day before this section came into force, is continued;
to the extent necessary to permit the former board to complete any matter in relation to which it has heard or considered evidence or submissions before the coming into force of this section.
Other matters before the former board
Except in the circumstances described in subsection (2), all matters before the former board when this section comes into force must be dealt with in accordance with this Act by the current board.
Legal proceeding or action against former board
A legal proceeding or action commenced against the former board may be continued against the current board as if it were the former board and the former Act were still in force.
Judicial review of decisions of former board
If a person commences a legal proceeding for judicial review of a decision or action of the former board, the proceeding must be taken against the current board.
All orders made by the former board before the coming into force of this section, but not yet expired or spent, are continued in force and may be enforced or otherwise dealt with by the current board as though they had been made by it.
The Lieutenant Governor in Council may make regulations respecting any transitional or other problem resulting from the disestablishment of the former board.
The Farm Practices Protection Act
The Farm Practices Protection Act is amended by this section.
The definition "board" in section 1 is replaced with the following:
"board" means the Manitoba Farm Industry Board established by subsection 3(1) of The Family Farm Protection Act; (« Commission »)
The centred heading before section 3 is replaced with "PROVISIONS RELATING TO THE BOARD".
Subsections 3(1), (2), (3) and (5), sections 4 and 5, subsection 6(1), section 7 and subsection 8(2) are repealed.
The following is added after section 6:
Application of Family Farm Protection Act
When performing a duty or function or exercising a power under this Act, the board has the same powers as it has in its role under The Family Farm Protection Act.
Section 8.1 is replaced with the following:
No action or proceeding may be brought against the board, a member or employee of the board or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or performance, or intended exercise or performance, of a power, function or duty under this Act or a regulation made under this Act.
The following is added after section 14 and before the centred heading that follows it:
DISESTABLISHMENT OF FORMER BOARD AND TRANSITIONAL PROVISIONS
The following definitions apply in this section and sections 14.2 to 14.6.
"current board" means the Manitoba Farm Industry Board established by subsection 3(1) of The Family Farm Protection Act. (« commission actuelle »)
"former Act" means this Act as it read immediately before the coming into force of this section. (« loi antérieure »)
"former board" means the Farm Practices Protection Board established by subsection 3(1) of the former Act. (« ancienne commission »)
On the coming into force of this section,
(a) the former board is disestablished; and
(b) the appointments of the members of the former board are terminated, and all rights and obligations of the members in relation to or under those appointments are extinguished.
Limited continuation of former Act and board
Despite subsection (1),
(a) the former Act continues in force; and
(b) the former board, consisting of the members of the board in office on the day before this section came into force, is continued;
to the extent necessary to permit the former board to complete any matter in relation to which it has heard or considered evidence or submissions before the coming into force of this section.
Other matters before the former board
Except in the circumstances described in subsection (2), all matters before the former board when this section comes into force must be dealt with in accordance with this Act by the current board.
Legal proceeding or action by or against former board
A legal proceeding or action commenced by or against the former board may be continued by or against the current board as if it were the former board and the former Act were still in force.
Judicial review of decisions of former board
If a person commences a legal proceeding for judicial review of a decision or action of the former board, the proceeding must be taken against the current board.
All orders made by the former board before the coming into force of this section, but not yet expired or spent, are continued in force and may be enforced or otherwise dealt with by the current board as though they had been made by it.
The Lieutenant Governor in Council may make regulations respecting any transitional or other problem resulting from the disestablishment of the former board.
ECONOMIC DEVELOPMENT, TRADE AND INVESTMENT CORPORATIONS
Manitoba Development Corporation Act enacted
The Manitoba Development Corporation Act set out in Schedule A, which amalgamates the Manitoba Development Corporation, the Economic Innovation and Technology Council and The Manitoba Trade and Investment Corporation, is hereby enacted.
GOVERNMENT APPOINTMENTS TO PROFESSIONAL BODIES
The Architects Act
The Architects Act is amended by this section.
The definition "council" in subsection 1(1) is amended by striking out everything after "association".
Subsection 6(1) is amended by striking out everything after "23 persons" and substituting ", two of whom are elected or appointed as public representatives.".
The following is added after subsection 6(1):
Public representatives on the council
To qualify for election or appointment to the council as a public representative, a person must
(a) not be a member or former member of the association or a parent, spouse, common-law partner, brother, sister or child of a member;
(b) not be employed by a member of the association; and
(c) not be an officer or employee of, or have a pecuniary interest in, a firm or corporation that practises architecture.
Subsection 6(2) is amended by striking out everything after "appointment of" and substituting " members of the council and for their terms of office.".
Subsection 7(2) is amended by adding "elected or" before "appointed".
Subsection 7(3) is amended by striking out "practising members only shall be" and substituting ", except for the public representatives, only practising members are".
The Professional Home Economists Act
The Professional Home Economists Act is amended by this section.
Section 1 is amended
(a) by repealing the definition "minister"; and
(b) by adding the following definition:
"public representative" means a person who
(a) is not a member or former member of the association or a parent, spouse, common-law partner, brother, sister or child of a member,
(b) is not employed by a member of the association, and
(c) is not an officer or employee of, and does not have a pecuniary interest in, a firm or corporation that carries on the practice of home economics; (« représentant du public »)
Subsection 3(2) is replaced with the following:
Appointment or election of directors
The directors are to be elected or appointed in accordance with the by-laws. Two of them must be public representatives.
Clause 20(c) is replaced with the following:
(c) two public representatives appointed by the board.
Clause 32(1)(a) is replaced with the following:
(a) one public representative appointed by the board; and
The Professional Interior Designers Institute of Manitoba Act
The Professional Interior Designers Institute of Manitoba Act is amended by this section.
Subsection 1(1) is amended by adding the following definition:
"public representative" means a person who
(a) is not a member or former member of the association or a parent, spouse, common-law partner, brother, sister or child of a member,
(b) is not employed by a member of the association, and
(c) is not an officer or employee of, and does not have a pecuniary interest in, a firm or corporation that carries on the practice of interior design; (« représentant du public »)
Subsection 3(2) is replaced with the following:
Election and appointment of councillors
The council is to consist of
(a) at least 6 and not more than 21 members of the association; and
(b) two public representatives;
who are elected or appointed to the council in accordance with the association's by-laws.
Section 17 is replaced with the following:
The council must establish a complaints committee, which is to consist of the following persons appointed by the council:
(a) three members of the association, one of whom is a member of the council and is appointed as the chair of the committee;
(b) two public representatives.
Section 29 is replaced with the following:
The council must establish a discipline committee, which is to consist of the following persons appointed by the council:
(a) one public representative;
(b) four individuals whose names are entered in the roster of active practising members.
The Veterinary Medical Act
The Veterinary Medical Act is amended by this section.
Section 1 is amended by repealing the definition "minister".
Subsection 18(3) is amended by striking out everything after "representatives" and substituting "each of whom
(a) is not a member or former member of the association or a parent, spouse, common-law partner, brother, sister or child of a member;
(b) is not employed by a member of the association; and
(c) is not an officer or employee of, and does not have a pecuniary interest in, a firm or corporation that practises veterinary medicine."
Subsection 18(4) is amended by striking out ", with the approval of the minister,".
ETHNOCULTURAL AND IMMIGRATION COUNCILS
Manitoba Advisory Council on Citizenship, Immigration and Multiculturalism Act enacted
The Manitoba Advisory Council on Citizenship, Immigration and Multiculturalism Act set out in Schedule B, which establishes a new council to replace the Manitoba Ethnocultural Advisory and Advocacy Council and the Manitoba Immigration Council, is hereby enacted.
MISCELLANEOUS AND COMING INTO FORCE
The Fitness and Amateur Sport Act, R.S.M. 1987, c. F120, is repealed.
Coming into force — sections 1 to 8
Sections 1 to 8 come into force on a day to be fixed by proclamation.
Coming into force — sections 10 and 11
Sections 10 and 11 come into force on January 1, 2014.
Section 12 comes into force on January 1, 2014.
Coming into force — sections 9 and 13 to 15
Subject to subsection (5), sections 9 and 13 to 15 come into force on the day this Act receives royal assent.
Schedule A (enacted by section 9) and Schedule B (enacted by section 14) come into force as provided in the coming into force section at the end of each Schedule.
SCHEDULE A
THE MANITOBA DEVELOPMENT CORPORATION ACT
TABLE OF CONTENTS
Section
1 Definitions
2 Amalgamation and continuance
3 Corporation's objects
4 Corporate capacity and powers
5 Agent of the Crown
6 Board
7 Chair and vice-chair or interim chair
8 Quorum
9 Chair to report to minister
10 By-laws
11 Staff
12 Protection from liability
13 Grants from Consolidated Fund
14 Borrowing authority
15 Investment of surplus money
16 Fiscal year
17 Auditor
18 Annual report
19 Production of information
20 No loan or financial assistance to or for benefit of MLA
21 Corporations Act and Securities Act not to apply
22 Repeals
23 C.C.S.M. c. R85 amended
24 C.C.S.M. reference
25 Coming into force
SCHEDULE A
THE MANITOBA DEVELOPMENT CORPORATION ACT
The following definitions apply in this Act.
"board" means the board of directors of the corporation. (« conseil »)
"corporation" means the corporation continued under section 2 as the Manitoba Development Corporation. (« société »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
CORPORATE FORMATION, OBJECTS, STATUS AND POWERS
The following entities are amalgamated and continued as one body corporate under the name "Manitoba Development Corporation" and consisting of the members of the board from time to time:
(a) the Manitoba Development Corporation, the body corporate continued by The Development Corporation Act and referred to in this section as "the former development corporation";
(b) the Economic Innovation and Technology Council, the body corporate established by The Economic Innovation and Technology Council Act;
(c) The Manitoba Trade and Investment Corporation, the body corporate continued by The Manitoba Trade and Investment Corporation Act.
On the coming into force of this section,
(a) the rights and property of the amalgamating entities are vested in the corporation;
(b) the liabilities and obligations of the amalgamating entities are assumed by the corporation;
(c) the by-laws of the former development corporation become the by-laws of the corporation;
(d) the directors and the chair of the board of the former development corporation become the first directors and the chair of the board of the corporation as if they had been appointed under this Act; and
(e) any person who owed money to, or had a contractual or other obligation with, an amalgamating entity immediately before the coming into force of this section owes that money to, or has that obligation with, the corporation, subject to the same terms and conditions, if any, that existed between that person and the amalgamating entity.
Legal proceeding or action by or against amalgamating entity
A legal proceeding or action by or against an amalgamating entity may be continued by or against the corporation as if it were the amalgamating entity.
The objects of the corporation are
(a) to foster economic development and investment in Manitoba;
(b) to promote the diversification of economic activity in Manitoba;
(c) to encourage the development of export markets for Manitoba businesses;
(d) to promote, and assist Manitoba businesses in promoting, business opportunities for Manitoba businesses both within and outside Canada;
(e) to support innovation and the development and commercialization of technology; and
(f) to administer as agent of the government any matter, program or project assigned to the corporation by the Lieutenant Governor in Council.
The corporation has the capacity and powers of a natural person for the purpose of carrying out its objects.
Specific powers requiring LG in C approval
Without limiting the generality of subsection (1), the corporation may do any of the following, but it may do them only with the approval of the Lieutenant Governor in Council:
(a) make a loan to or equity investment in, or provide a guarantee or other financial assistance to, any person or organization;
(b) establish one or more subsidiary corporations through which to carry out any of its objects;
(c) provide financing to, or dispose of its interest in, any corporation established under clause (b).
Compliance with Treasury Board directives
In carrying out its objects and exercising its powers, the corporation must comply with all applicable directives issued by the Treasury Board.
The corporation is an agent of the Crown.
Subject to the directives of the Treasury Board, the corporation may acquire, hold and deal with property in its own name.
BOARD AND STAFF
The business and affairs of the corporation are to be managed by a board of directors consisting of at least three and not more than five directors appointed by the Lieutenant Governor in Council.
The Lieutenant Governor in Council may specify the term of a director's appointment, which is not to exceed three years.
After a director's term expires, the director continues to hold office until re-appointed or a successor is appointed, or until the appointment is revoked.
A member of the Legislative Assembly is not eligible to be a director.
If a director is not a member of the civil service, the Lieutenant Governor in Council may specify the remuneration payable to the director.
Chair and vice-chair or interim chair
The Lieutenant Governor in Council must designate one director as the chair of the board. The chair may designate any other director as a vice-chair or interim chair of the board.
Vice-chair's or interim chair's responsibility
Subject to the terms of his or her designation, a vice-chair or interim chair may act as the chair if the chair is absent or unable to act or the position of chair is vacant.
A majority of the directors in office constitutes a quorum of the board.
The chair of the corporation must report to the minister and, at the minister's request, provide the minister with any information the minister requires relating to the corporation's business and affairs.
The board may, with the approval of the minister, make by-laws for the conduct and management of the business and affairs of the corporation, including by-laws establishing a code of ethics and a conflict of interest policy for the directors, officers and employees of the corporation.
The board may appoint, or authorize the appointment of, such officers and employees as it considers necessary to carry on the corporation's business and affairs.
The corporation may use the services of
(a) such officers or employees of a department of the government for such periods and subject to such terms and conditions as the minister of the department approves; and
(b) such employees of an agency of the government for such periods and subject to such terms and conditions as the minister responsible for the agency approves.
The board may engage the services of advisors and persons providing special, technical or professional knowledge or services and provide for and pay their remuneration.
No action or proceeding may be brought against a director, officer or employee of the corporation or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.
FINANCIAL MATTERS AND ANNUAL REPORT
The Minister of Finance, on the requisition of the minister, may make grants to the corporation out of money appropriated by the Legislature for that purpose.
The corporation may borrow money, but only with the approval of the Lieutenant Governor in Council and only
(a) by way of loan from the government
(i) for temporary purposes, or
(ii) for other purposes to the extent permitted under The Financial Administration Act or a Loan Act; or
(b) for temporary purposes by way of overdraft, line of credit, loan or otherwise upon its credit from a bank or other financial institution.
Advance out of Consolidated Fund
Money required for a loan from the government may be paid out of the Consolidated Fund in accordance with The Financial Administration Act.
The corporation may deposit with the Minister of Finance, for investment on its behalf, money of the corporation that is not immediately required for its purposes.
Investment and interest to be paid to corporation
At the request of the corporation, the Minister of Finance must pay to the corporation any money invested under subsection (1) and interest earned on those investments.
The fiscal year of the corporation ends on March 31 of each year.
The corporation's financial records and accounts are to be audited each year at the corporation's expense by an auditor, who may be the Auditor General, appointed by the Lieutenant Governor in Council.
Not later than September 30 in each year, the board must give a report to the minister on the corporation's activities and operations during the fiscal year ending on March 31 of that year.
The report must include audited financial statements and any other information that the minister requires.
The minister must table a copy of the report in the Legislative Assembly within 15 days after receiving it if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.
The corporation may produce or be required to produce to the Legislative Assembly or to any committee of the Assembly, any information respecting the business or affairs of the corporation or any of its subsidiaries other than information or financial statements the release of which, in the opinion of the board or the chair of the board, would be prejudicial to the interests of the corporation or an applicant or recipient of financial assistance from the corporation.
MISCELLANEOUS
No loan or financial assistance to or for benefit of MLA
The corporation must not make a loan or provide a guarantee or other financial assistance to
(a) a member of the Legislative Assembly or a dependant of such a member; or
(b) any person or organization in which a member of the Legislative Assembly or a dependant of such a member has a direct pecuniary interest or indirect pecuniary interest.
For this purpose, "dependant", "direct pecuniary interest" and "indirect pecuniary interest" have the same meaning as in The Legislative Assembly and Executive Council Conflict of Interest Act.
Corporations Act and Securities Act not to apply
Part XXIV of The Corporations Act (Trust and Loan Corporations) and The Securities Act do not apply to the corporation or to any subsidiary of the corporation.
Conflict with Corporations Act
If there is a conflict between any provision of this Act and a provision of The Corporations Act, the provision of this Act prevails.
REPEALS AND CONSEQUENTIAL AMENDMENT
The following are repealed:
(a) The Development Corporation Act, R.S.M. 1987, c. D60;
(b) the Development Corporation Regulation, Manitoba Regulation 486/88 R;
(c) The Economic Innovation and Technology Council Act, S.M. 1992, c. 7;
(d) The Manitoba Trade and Investment Corporation Act, R.S.M. 1988, c. T125.
Consequential amendment, C.C.S.M. c. R85
Subsection 3(2) of The Renewable Energy Jobs Act is amended by striking out "The Development Corporation Act" and substituting "The Manitoba Development Corporation Act".
C.C.S.M. REFERENCE AND COMING INTO FORCE
This Act may be referred to as chapter D60 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.
SCHEDULE B
THE MANITOBA ADVISORY COUNCIL ON CITIZENSHIP, IMMIGRATION AND MULTICULTURALISM ACT
TABLE OF CONTENTS
Section
1 Definitions
2 Council established
3 Council's mandate
4 Members
5 Vice-chair
6 Quorum
7 Minister may refer matter to council, council may refer matter to minister
8 Council to submit annual reports
9 Repeals
10 C.C.S.M. reference
11 Coming into force
SCHEDULE B
THE MANITOBA ADVISORY COUNCIL ON CITIZENSHIP, IMMIGRATION AND MULTICULTURALISM ACT
The following definitions apply in this Act.
"council" means the Manitoba Advisory Council on Citizenship, Immigration and Multiculturalism established by section 2. (« conseil »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
The Manitoba Advisory Council on Citizenship, Immigration and Multiculturalism is hereby established.
The council's mandate is to provide information, advice and recommendations to the government, through the minister, on the following matters:
(a) matters relating to citizenship and immigration, including
(i) the attraction of immigrants to Manitoba and the retention of immigrants,
(ii) the long-term settlement and integration of immigrants, and
(iii) the full inclusion and participation of immigrants in the economic, social and cultural life of Manitoba;
(b) matters relating to multiculturalism, including intercultural relations and ethnic and linguistic diversity.
The council is to consist of a maximum of 17 members appointed by the Lieutenant Governor in Council. They are to include
(a) up to eight members who have been nominated, in accordance with procedures established by the minister, by
(i) ethnocultural groups and organizations selected by the minister, and
(ii) groups or organizations from different sectors of Manitoba's economy and society selected by the minister;
(b) up to eight other members who have been recommended by the minister; and
(c) one additional member who is appointed as the chair of the council.
Members are to be appointed for a term not exceeding three years.
Subject to subsection (4), when a member's term expires, he or she continues to be a member until he or she is re-appointed, the appointment is revoked or a successor is appointed.
Limitation on length of service
No member may serve for more than nine consecutive years.
The council may designate a member of the council as vice-chair, who is to act as chair if the chair is absent or unable to act, or the position of chair is vacant.
One-third of the members of the council constitutes a quorum.
Minister may refer matter to council
The minister may refer to the council any matter relating to its mandate. The council must consider the matter and give the minister a written report of its findings or recommendations.
Council may refer matter to minister
The council may, with the minister's approval, consider any other matter relating to its mandate and give the minister a written report of its findings or recommendations.
Council to submit annual reports
On or before June 30 of each year, the council must submit to the minister a report of its affairs and activities during the government's immediately preceding fiscal year.
The following Acts are repealed:
(a) The Manitoba Ethnocultural Advisory and Advocacy Council Act, S.M. 2001, c. 17;
(b) The Manitoba Immigration Council Act, S.M. 2004, c. 5.
This Act may be referred to as chapter A6.4 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.