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S.M. 2017, c. 7
Bill 7, 2 nd Session, 41st Legislature
The New West Partnership Trade Agreement Implementation Act (Various Acts Amended)
This note is a reader's aid and is not part of the law.
The New West Partnership is a trade agreement between British Columbia, Alberta and Saskatchewan. This Act amends three Acts so that Manitoba can join the agreement, as well as participate in other future domestic trade agreements.
The Proceedings Against the Crown Act is amended to enable orders made against the Government of Manitoba under a domestic trade agreement to be enforced as a court order.
The Consumer Protection Act and The Prearranged Funeral Services Act are amended to ensure that the provisions of those Acts will not constitute barriers to trade.
(Assented to June 2, 2017)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
THE PROCEEDINGS AGAINST THE CROWN ACT
Section 16.1, and the centred heading before it, are replaced with the following:
DOMESTIC TRADE AGREEMENTS
The following definitions apply in this section.
"award" means an award or order for costs or a monetary award or monetary penalty that
(a) is made under a provision of a domestic trade agreement; and
(b) is not subject to review or appeal, as determined in accordance with the provisions of the agreement. (« décision »)
"domestic trade agreement" means
(a) the Agreement on Internal Trade, signed in 1994 by the governments of Canada, the provinces, Yukon and the Northwest Territories, including any amendments to the agreement;
(b) the New West Partnership Trade Agreement entered into by the governments of British Columbia, Alberta and Saskatchewan on July 1, 2010, and which Manitoba agreed to join on November 17, 2016, including any amendments to the agreement; and
(c) a trade agreement prescribed by regulation under subsection (6) as a domestic trade agreement, including any amendments to such an agreement. (« accord sur le commerce canadien »)
If an award is made against the government under a domestic trade agreement and the agreement contains provisions providing for the award to be enforceable against the government as if it were an order of the Court of Queen's Bench, the person or party to the agreement entitled to the award may at any time file a certified copy of the award or the document containing the award with the Court of Queen's Bench.
On an award or a document containing an award being filed with the Court of Queen's Bench, the award has the same force and effect as if it were a judgment of the Court of Queen's Bench.
For the purpose of subsection (2), a copy of an award or a document containing an award must be certified as being a true copy by the appropriate official or body designated in the regulations.
If information that is subject to any type of legal privilege, including solicitor-client privilege, or any kind of confidence, including Cabinet confidence, or that is supplied explicitly or implicitly in confidence, is disclosed pursuant to a domestic trade agreement, the disclosure does not waive or negate any privilege or confidence attached to the information, and the privilege or confidence continues for all purposes.
The Lieutenant Governor in Council may make regulations
(a) prescribing agreements as domestic trade agreements for the purposes of clause (c) of the definition "domestic trade agreement" in subsection (1);
(b) designating officials or bodies for the purposes of subsection (4);
(c) defining a term used but not defined in this section;
(d) respecting any other matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this section.
AMENDMENTS TO OTHER ACTS
Subsection 108(1) of The Consumer Protection Act is amended by striking out "in the province a trust account in a bank, trust company or credit union" and substituting "a trust account in a bank, credit union or a trust company or loan company authorized under the law to accept money for deposit and carrying deposit insurance in accordance with the Canada Deposit Insurance Corporation Act".
Section 1 of The Prearranged Funeral Services Act is amended
(a) in the definition "funeral director", by striking out "and maintains an establishment for that purpose in Manitoba"; and
(b) in the part before clause (a) of the definition "funeral services", by striking out "means the services" and substituting "means funeral services in Manitoba, and includes the services".
This Act comes into force on the day it receives royal assent.