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The Minor Amendments and Corrections Act, 2020 (2)

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S.M. 2021, c. 5

Bill 19, 3rd Session, 42nd Legislature

The Minor Amendments and Corrections Act, 2020 (2)

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

Part 1 of this Bill corrects typographical, numbering and other drafting errors and makes minor amendments to various Acts. It also repeals three unproclaimed Acts, The Churchill Arctic Port Canada Act, The Crime Prevention Foundation Act and The Thompson Nickel Belt Sustainability Act, and repeals La Communauté des Soeurs de Notre-Dame de la Croix Incorporation Act.

Part 2 makes amendments to clarify ministerial responsibility for administration of a statute.

TABLE OF CONTENTS

PART 1
GENERAL

1   The Brandon Charter

2   The Business Registration, Supervision and Ownership Transparency Act (Various Acts Amended)

3   The Churchill Arctic Port Canada Act

4   The City of Winnipeg Charter

5   La Communauté des Soeurs de Notre-Dame de la Croix Incorporation Act

6   The Crime Prevention Foundation Act

7   The Domestic Violence and Stalking Act

8   The Employment Standards Code

9   The Environment Act

10   The Farm Machinery and Equipment Act

11   The Fatality Inquiries Act

12   The Government Notices Modernization Act (Various Acts Amended)

13   The Highway Traffic Act

14   The International Education Act

15   The Liquor, Gaming and Cannabis Control Act

16   The Municipal Act

17   The Municipal Affairs Administration Act

18   The Manitoba Public Insurance Corporation Act

19   The Public Sector Compensation Disclosure Act

20   The Remembrance Day Act

21   The Regulated Health Professions Act

22   The Statutes and Regulations Act

23   The Sustainable Watersheds Act (Various Acts Amended)

24   The Thompson Nickel Belt Sustainability Act

25   The Vital Statistics Act

26   The Watershed Districts Act

27   The Workplace Safety and Health Act

PART 2
EXECUTIVE GOVERNMENT ORGANIZATION

28   The Amusements Act

29   The CentrePort Canada Act

30   The Conservation Agreements Act

31   The Contaminated Sites Remediation Act

32   The Housing and Renewal Corporation Act

33   The Mining Claim Tax Act

34   The Municipal Act

35   The Off-Road Vehicles Act

36   The Provincial Parks Act

PART 3
COMING INTO FORCE

37   Coming into force


CHAPTER 5

THE MINOR AMENDMENTS AND CORRECTIONS ACT, 2020 (2)

(Assented to May 12, 2021)

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

PART 1

GENERAL

THE BRANDON CHARTER

S.M. 1989-90, c. 71 amended

1

Subsection 17(5) of The Brandon Charter, S.M. 1989-90, c. 71, is amended by striking out "The Liquor Control Act" and substituting "The Liquor, Gaming and Cannabis Control Act".

THE BUSINESS REGISTRATION, SUPERVISION AND OWNERSHIP TRANSPARENCY ACT (VARIOUS ACTS AMENDED)

S.M. 2019, c. 25 (unproclaimed provisions amended)

2(1)

The Business Registration, Supervision and Ownership Transparency Act (Various Acts Amended), S.M. 2019, c. 25, is amended by this section.

2(2)

Section 9 of the French version, insofar as it enacts subclause 20.1(3)(b)(iv) of The Business Names Registration Act, is amended

(a) by striking out "au Manitoba"; and

(b) by adding "au Manitoba" at the end.

2(3)

Section 17 of the French version, insofar as it enacts subsection 35.1(5) of The Cooperatives Act, is amended by striking out "contradictoires ou".

THE CHURCHILL ARCTIC PORT CANADA ACT

S.M. 2014, c. 7 (unproclaimed Act repealed)

3

The Churchill Arctic Port Canada Act, S.M. 2014, c. 7, is repealed.

THE CITY OF WINNIPEG CHARTER

S.M. 2002, c. 39 amended

4(1)

The City of Winnipeg Charter, S.M. 2002, c. 39, is amended by this section.

4(2)

Section 178.1 is amended, in the part after clause (b), by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

4(3)

Section 462 is amended

(a) in the section heading of the French version, by striking out "déposé auprès du" and substituting "présenté au"; and

(b) by striking out everything after "obligations under this Part".

LA COMMUNAUTÉ DES SOEURS DE NOTRE-DAME DE LA CROIX INCORPORATION ACT

R.S.M. 1990, c. 37 repealed

5

La Communauté des Soeurs de Notre-Dame de la Croix Incorporation Act, R.S.M. 1990, c. 37, is repealed.

THE CRIME PREVENTION FOUNDATION ACT

S.M. 1987-88, c. 20 (unproclaimed Act repealed)

6

The Crime Prevention Foundation Act, S.M. 1987-88, c. 20, is repealed.

THE DOMESTIC VIOLENCE AND STALKING ACT

C.C.S.M. c. D93 amended

7(1)

The Domestic Violence and Stalking Act is amended in the English version by this section.

7(2)

Subsection 2(1) is replaced with the following:

Who commits "domestic violence"

2(1)

Domestic violence occurs when a person is subjected to an act or omission mentioned in subsection (1.1) by another person who

(a) is cohabiting or has cohabited with the person in a spousal, conjugal or intimate relationship;

(b) has or had a family relationship with the person, in which they have lived together;

(c) has or had a family relationship with the person, in which they have not lived together;

(d) has or had a dating relationship with the person, whether or not they have ever lived together; or

(e) is the other biological or adoptive parent of their child, regardless of their marital status or whether they have ever lived together.

7(3)

Subsections 2(2) and (4) are amended by striking out "his or her" and substituting "their".

7(4)

Subsection 4(2.1) is amended by striking out "he or she considers" and substituting "they consider".

7(5)

Subsection 4(5) is amended by striking out "he or she" and substituting "the subject".

7(6)

Section 6.2 is amended by striking out "he or she makes" and substituting "they make".

7(7)

Subclauses 7(1)(g)(i) and (ii) are amended by striking out "he or she" and substituting "the respondent".

7(8)

Subsection 8.1(2) is amended by striking out "he or she is" and substituting "they are".

7(9)

Subsection 12(1) is amended by striking out "he or she considers" and substituting "they consider".

7(10)

Subsection 14(1) is amended

(a) in the part before clause (a), by striking out "him or her" and substituting "them";

(b) in clause (g), by striking out "him or her" and substituting "a party"; and

(c) in subclauses (h)(i) and (ii), by striking out "he or she" and substituting "the respondent".

7(11)

Section 17 is amended by striking out "he or she is" and substituting "they are".

7(12)

Subsection 23(1) is amended by striking out "him or her" and substituting "them".

THE EMPLOYMENT STANDARDS CODE

C.C.S.M. c. E110 amended

8

Subsection 59.11(1) of The Employment Standards Code is amended by replacing clause (a) of the definition "interpersonal violence" with the following:

(a) domestic violence within the meaning of subsection 2(1.1) of The Domestic Violence and Stalking Act that is caused by an act or omission of a person described in subsection 2(1) of that Act;

THE ENVIRONMENT ACT

C.C.S.M. c. E125 amended

9(1)

The Environment Act is amended by this section.

9(2)

Subsection 6(2) of the English version is amended by striking out "appoint," and substituting "appoint".

9(3)

Subsection 40.3(3) is amended by striking out everything after "Plan No. 8303-2009," and substituting "filed with the minister's department.".

THE FARM MACHINERY AND EQUIPMENT ACT

C.C.S.M. c. F40 amended

10

Subsections 2(3) and (4) of The Farm Machinery and Equipment Act are amended by striking out "3 to 7" and substituting "4, 5, 7".

THE FATALITY INQUIRIES ACT

C.C.S.M. c. F52 amended

11

Subsection 9(2) of the French version of The Fatality Inquiries Act is amended by adding "est justifiée et" after "une investigation".

THE GOVERNMENT NOTICES MODERNIZATION ACT (VARIOUS ACTS AMENDED)

S.M. 2018, c. 28 (unproclaimed provision repealed)

12

The centred heading before section 12 and section 12 of The Government Notices Modernization Act (Various Acts Amended), S.M. 2018, c. 28, are repealed.

THE HIGHWAY TRAFFIC ACT

C.C.S.M. c. H60 amended

13(1)

The Highway Traffic Act is amended by this section.

13(2)

The definition "traffic authority" in subsection 1(1) is amended by adding "and" at the end of clause (f) and adding the following after clause (f):

(g) in the case of a highway in a provincial park that is not a provincial highway to which clause (a) applies, the minister responsible for the administration of The Provincial Parks Act;

13(3)

The following is added after subsection 79(7):

Three-way stops

79(8)

When a traffic authority erects three "stop" or "arrêt stop" signs at an intersection, it must also place an additional traffic control device underneath each of the signs to indicate that the intersection is a three-way stop intersection.

13(4)

Section 94 and the centred heading before it are repealed.

13(5)

Section 213.2 is amended by striking out "farm tractor, implement of husbandry or special mobile machine" and substituting "agricultural equipment or infrastructure equipment".

13(6)

Subsection 263.1(7) is amended in Rule 3 by striking out "motor vehicle, a vessel, an aircraft or railway equipment operated by, or in the care or control of," and substituting "conveyance operated by".

13(7)

Section 312.4 is amended by striking out "10 days' notice" and substituting "15 days' notice".

THE INTERNATIONAL EDUCATION ACT

C.C.S.M. c. I75 amended

14

Clause 12(1)(b) of the French version of The International Education Act is amended by striking out "délai privé" and substituting "délai".

THE LIQUOR, GAMING AND CANNABIS CONTROL ACT

C.C.S.M. c. L153 amended

15

Section 51 of the French version of The Liquor, Gaming and Cannabis Control Act is amended in the definition "endroit public" by striking out "Lieu, bâtiment ou espace" and substituting "Lieu, bâtiment, route ou espace".

THE MUNICIPAL ACT

C.C.S.M. c. M225 amended

16

Subsection 236(3) of The Municipal Act is amended, in the part after clause (b), by striking out "The Summary Convictions Act" and substituting "The Provincial Offences Act".

THE MUNICIPAL AFFAIRS ADMINISTRATION ACT

C.C.S.M. c. M230 amended

17

Subsection 15(1) of The Municipal Affairs Administration Act is replaced with the following:

Payment of moneys collected

15(1)

In each year, the minister shall, on collecting a levy made by the minister under this or any other Act of the Legislature, pay to the Minister of Finance any moneys due and owing to the government under clause 9(a) or under clauses 11(a), (c) and (d).

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

C.C.S.M. c. P215 amended

18(1)

The Manitoba Public Insurance Corporation Act is amended in the French version by this section.

18(2)

Subsection 2(13) is replaced with the following:

Ministre responsable

2(13)

Le président de la Société relève du ministre que désigne le lieutenant-gouverneur en conseil.

18(3)

Section 174.4 is replaced with the following:

Ministres différents

174.4

Le ministre responsable du Bureau des conseillers des demandeurs diffère de celui dont la Société relève en application du paragraphe 2(13).

18(4)

Section 180.1 is replaced with the following:

Ministres différents

180.1

Le ministre responsable de la Commission diffère de celui dont la Société relève en application du paragraphe 2(13).

THE PUBLIC SECTOR COMPENSATION DISCLOSURE ACT

C.C.S.M. c. P265 amended

19

The Public Sector Compensation Disclosure Act is amended by striking out "ending on or after March 31, 1996" in the following provisions:

(a) subsection 2(1) in the part before clause (a);

(b) sections 4 and 5.

THE REMEMBRANCE DAY ACT

C.C.S.M. c. R80 amended

20

Subsection 3.1(3) of The Remembrance Day Act is amended by striking out "C.C.S.M. c. L160" and substituting "premises" in the section heading.

THE REGULATED HEALTH PROFESSIONS ACT

C.C.S.M. c. R117 amended

21

Subsection 187(6) of The Regulated Health Professions Act is amended, insofar as it sets out section 92.2, by adding the following as subsection 92.2(4):

Non-application

92.2(4)

For greater certainty, subsection (3) does not apply to a matter referred to the complaints committee under subsection 92(3).

THE STATUTES AND REGULATIONS ACT

C.C.S.M. c. S207 amended

22

Section 34.4 of the English version of The Statutes and Regulations Act is amended by striking out "and" at the end of clause (b).

THE SUSTAINABLE WATERSHEDS ACT (VARIOUS ACTS AMENDED)

S.M. 2018, c. 6 amended

23

Clause 22(1)(a) of the English version of The Sustainable Watersheds Act (Various Acts Amended), S.M. 2018, c. 6, is replaced with the following:

(a) in subsection (1), by replacing everything before clause (a) with the following:

Levy of taxes

26(1)

On receiving the statement referred to in clause 25(1)(c), the included municipality must raise the amount specified by levying and collecting a tax

THE THOMPSON NICKEL BELT SUSTAINABILITY ACT

S.M. 2011, c. 40 (unproclaimed Act repealed)

24

The Thompson Nickel Belt Sustainability Act, S.M. 2011, c. 40, is repealed.

THE VITAL STATISTICS ACT

C.C.S.M. c. V60 amended

25(1)

The Vital Statistics Act is amended by this section.

25(2)

Clause 32(3)(d) is repealed.

25(3)

Subsection 32(5) is amended

(a) in the part before clause (a), by adding "at least" before "the following particulars"; and

(b) by repealing clause (c).

25(4)

Clause 32(11)(c) is repealed.

THE WATERSHED DISTRICTS ACT

C.C.S.M. c. W95 amended

26(1)

The Watershed Districts Act is amended by this section.

26(2)

Subsection 13(1) is amended by striking out "staff" and substituting "secretary and treasurer" in the section heading.

26(3)

Subsection 13(2) is amended by replacing the section heading with "Board employees".

26(4)

Subsection 34(1) is amended by striking out "subsection 25(3)" and substituting "subsection 25(2)".

THE WORKPLACE SAFETY AND HEALTH ACT

C.C.S.M. c. W210 amended

27

Clause 44(1)(a) of The Workplace Safety and Health Act is amended by striking out "branch" and substituting "Workers Compensation Board".

PART 2

EXECUTIVE GOVERNMENT ORGANIZATION

THE AMUSEMENTS ACT

C.C.S.M. c. A70 amended

28(1)

The Amusements Act is amended by this section.

28(2)

Clause 7(1)(a) is amended by striking out "Minister of Family Services and Labour" and substituting "minister".

28(3)

Subsection 7(2) is amended by striking out "Department of Family Services and Labour" and substituting "the minister's department".

28(4)

Clause 9(1)(b) is amended by striking out "Minister of Family Services and Labour" and substituting "minister".

THE CENTREPORT CANADA ACT

C.C.S.M. c. C44 amended

29

Subsection 21(4) of The CentrePort Canada Act is amended by striking out everything before "may take any steps" and substituting "The Lieutenant Governor in Council and the minister responsible for the administration of The Planning Act".

THE CONSERVATION AGREEMENTS ACT

C.C.S.M. c. C173 amended

30

Clause 7(3)(c) of The Conservation Agreements Act is replaced with the following:

(c) the minister responsible for the administration of The Northern Affairs Act, if the land is in northern Manitoba as defined by that Act.

THE CONTAMINATED SITES REMEDIATION ACT

C.C.S.M. c. C205 amended

31

Section 54 of The Contaminated Sites Remediation Act is amended

(a) by striking out "the Department of Conservation and Water Stewardship" and substituting "their department"; and

(b) by striking out "the department" and substituting "their department".

THE HOUSING AND RENEWAL CORPORATION ACT

C.C.S.M. c. H160 amended

32

Subsection 6(3) of The Housing and Renewal Corporation Act is amended by striking out "Department of Housing and Community Development" and substituting "the minister's department".

THE MINING CLAIM TAX ACT

C.C.S.M. c. M165 amended

33

Sections 3 and 4 of The Mining Claim Tax Act are amended by striking out "Minister of Innovation, Energy and Mines" and substituting "minister responsible for the administration of The Mines and Minerals Act".

THE MUNICIPAL ACT

C.C.S.M. c. M225 amended

34(1)

The Municipal Act is amended by this section.

34(2)

Subsection 6(1) is amended by striking out "Minister of Aboriginal and Northern Affairs" and substituting "minister responsible for the administration of The Northern Affairs Act".

34(3)

Subsection 6(3) is amended

(a) in the section heading of the English version, by striking out "of Aboriginal and Northern Affairs"; and

(b) by striking out "Minister of Aboriginal and Northern Affairs" and substituting "minister responsible for the administration of The Northern Affairs Act".

34(4)

Subsection 10(2) is amended by striking out "Minister of Aboriginal and Northern Affairs" and substituting "minister responsible for the administration of The Northern Affairs Act".

34(5)

Clause 319(3)(a) is replaced with the following:

(a) a sewer that is recommended by the minister responsible for the administration of The Public Health Act or the municipality's medical officer of health appointed under that Act; or

THE OFF-ROAD VEHICLES ACT

C.C.S.M. c. O31 amended

35(1)

The Off-Road Vehicles Act is amended by this section.

35(2)

Clause (b) of the definition "traffic authority" in subsection 1(1) is amended by striking out "Minister of Local Government" and substituting "minister responsible for the administration of The Municipal Act".

35(3)

Clause 38(2)(c) is amended by striking out "Minister of Aboriginal and Northern Affairs" and substituting "the minister responsible for the administration of The Northern Affairs Act".

THE PROVINCIAL PARKS ACT

C.C.S.M. c. P20 amended

36

Clause 27(1)(b) of The Provincial Parks Act is replaced with the following:

(b) restrict travel on or close any road or trail in a provincial park that is not a departmental road as defined in The Transportation Infrastructure Act.

PART 3

COMING INTO FORCE

Coming into force

37(1)

Subject to subsections (2) to (4), this Act comes into force on royal assent.

37(2)

Section 2 is deemed to have come into force on October 10, 2019.

37(3)

Subsection 4(2) and section 16 are deemed to have come into force on November 20, 2017.

37(4)

Section 23 is deemed to have come into force on June 4, 2018.