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The Administrative Tribunal Jurisdiction Act

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S.M. 2021, c. 28

Bill 27, 3rd Session, 42nd Legislature

The Administrative Tribunal Jurisdiction Act

Explanatory Note

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

This Bill establishes The Administrative Tribunal Jurisdiction Act. This Act addresses the ability of administrative tribunals to decide questions of constitutional law. An administrative tribunal cannot decide a question of constitutional law unless the tribunal has been designated by regulation as having jurisdiction to decide that question.

A person who intends to raise a question of constitutional law in a proceeding that is to be decided by a designated administrative tribunal must give notice to specified recipients before the start of the proceeding. The Attorney General of Canada and the Attorney General of Manitoba may make submissions in such a proceeding.

Consequential amendments are made to several Acts.

(Assented to May 20, 2021)

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

Definitions

1

The following definitions apply in this Act.

"administrative tribunal" means a body established or an individual appointed by or under an Act to decide matters in accordance with the authority given under that Act, but does not include

(a) a judicial justice of the peace appointed under The Provincial Court Act;

(b) the Provincial Court or a judge of that court;

(c) the Court of Queen's Bench or a judge or master of that court; or

(d) the Court of Appeal or a judge of that court. (« tribunal administratif »)

"designated tribunal" means an administrative tribunal designated by regulation under section 6 as having jurisdiction to determine one or more questions of constitutional law. (« tribunal administratif désigné »)

"law" means an Act of the Parliament of Canada or of the Legislature and includes a regulation made under such an Act. (Version anglaise seulement)

"question of constitutional law" means

(a) a challenge to the constitutional validity or constitutional applicability of a law; or

(b) a determination of any right under the Constitution of Canada. (« question de droit constitutionnel »)

Restriction re constitutional law questions

2

Notwithstanding any other Act, an administrative tribunal does not have jurisdiction to determine a question of constitutional law unless a regulation made under section 6 has conferred jurisdiction on the tribunal to determine the question.

Notice of constitutional law question

3(1)

Except when only the exclusion of evidence is sought under the Canadian Charter of Rights and Freedoms, a person who intends to raise a question of constitutional law in a proceeding before a designated tribunal that has jurisdiction to determine the question must provide written notice to

(a) the Attorney General of Canada;

(b) the Attorney General of Manitoba;

(c) all other parties to the proceeding; and

(d) the designated tribunal.

Deadline for notice

3(2)

Unless the designated tribunal authorizes a shorter period of notice, the notice of constitutional law question must be provided at least 30 days before the start of the proceeding.

Notice requirements

3(3)

The notice of constitutional law question must contain the information specified by regulation.

No determination until notice requirements met

3(4)

The designated tribunal must not determine a question of constitutional law until the notice requirements of this section have been met.

Interim orders

3(5)

Nothing in this section affects the power of a designated tribunal to make any interim order, decision, directive or declaration it considers necessary before making the final determination on any matter before it.

Submissions by Attorneys General

4

When a notice of constitutional law question is provided under section 3, the Attorney General of Canada and the Attorney General of Manitoba, or counsel on their behalf, may appear before the designated tribunal and make submissions and adduce evidence at the proceeding and in any subsequent appeal or judicial review proceeding.

Status of Attorneys General

5

If the Attorney General of Canada or the Attorney General of Manitoba appears at a proceeding before a designated tribunal, they are a party and have the same rights as any other party to the proceeding, including any right of appeal.

Regulations

6

The Lieutenant Governor in Council may make regulations

(a) designating administrative tribunals that have jurisdiction to determine questions of constitutional law;

(b) respecting the questions of constitutional law that an administrative tribunal designated under clause (a) has jurisdiction to determine ;

(c) specifying the information to be contained in a notice of constitutional law question;

(d) respecting any matter necessary or advisable to carry out the purposes of this Act.

CONSEQUENTIAL AMENDMENTS, C.C.S.M. REFERENCE AND COMING INTO FORCE

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

7

Subsection 263.2(7.2) of The Highway Traffic Act is repealed.

C.C.S.M. c. M245 amended

8

Section 25 of The Municipal By-law Enforcement Act is replaced with the following:

Limit on authority of screening officers and adjudicators

25

No screening officer or adjudicator has the authority to inquire into or make a decision concerning the legislative authority for a regulation or by-law made under an Act.

C.C.S.M. c. S167 amended

9

Section 8.1 of The Social Services Appeal Board Act is repealed.

C.C.S.M. c. W200 amended

10

Subsections 60(2.2) and (2.3) of The Workers Compensation Act are repealed.

C.C.S.M. reference

11

This Act may be referred to as chapter A1.9 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

12

This Act comes into force on a day to be fixed by proclamation.