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The Reducing Red Tape and Improving Services Act, 2020

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S.M. 2021, c. 30

Bill 29, 3rd Session, 42nd Legislature

The Reducing Red Tape and Improving Services Act, 2020

Explanatory Note

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

This Bill amends several Acts and repeals five Acts to reduce or eliminate regulatory requirements or prohibitions, to streamline government operations and to eliminate committees.

The Adult Learning Centres Act, The Adult Literacy Act

A redundant annual reporting requirement is repealed. The minister is already required to make an annual report under The Financial Administration Act.

The Emergency Measures Act

The meaning of "emergency management program" is broadened and modernized. The distinction between an emergency preparedness program and an emergency management program is eliminated. This Act and several other Acts are amended to reflect the addition of "Manitoba" to the name of the Emergency Measures Organization.

The Financial Administration Act

The Minister of Finance may now invest public money in any securities, including those listed in The Financial Administration Act. The Lieutenant Governor in Council no longer authorizes securities for this purpose.

The Highway Traffic Act

Specialized vehicles used for a specific purpose may be designated, by regulation, as agricultural equipment or infrastructure equipment. Power-assisted bicycles no longer require a manufacturer's label that references the federal regulations.

The Labour Relations Act

The Court of Appeal is no longer required to make a decision within six months after a question of law is referred to the court. Instead, the decision must be made as soon as reasonably practicable.

The Pesticides and Fertilizers Control Act

The requirement to obtain a licence to transport manure or to apply manure to land on a non-commercial basis is removed.

The Pharmaceutical Act, The Prescription Drugs Cost Assistance Act

Currently, the formulary of interchangeable drugs and the specified drug list are established by ministerial regulation. This requirement is removed. Instead, the formulary and the list are established by policy accessible to the public on a government website.

The Poverty Reduction Strategy Act

The committee responsible for monitoring the poverty reduction strategy is no longer required to meet four times each year. The minister's annual report is no longer automatically referred to the Legislative Assembly's Standing Committee on Social and Economic Development.

The Manitoba Public Insurance Corporation Act

MPI may now collect certain amounts for which it has a subrogated right of recovery by issuing a demand for payment. A court action is no longer required. The indexation date for Personal Injury Protection Plan benefits is changed from February 28 to March 31 to coincide with the end of the government's fiscal year.

The Public Officers Act

The Minister of Finance is no longer required to prepare and table before the Assembly a statement of the fidelity bonds relating to government employees and employees of government entities.

The Regulated Health Professions Act

The Act is amended to broaden who may be appointed to a committee established by a council of a health profession college. Public representation on a committee is no longer restricted to those public representatives who already sit on the council.

The Upper Fort Garry Heritage Provincial Park Act

The Upper Fort Garry Heritage Provincial Park advisory committee is eliminated.

The Vulnerable Persons Living with a Mental Disability Act

Procedures for appointing substitute decision makers are streamlined in the following ways:

  • the commissioner may appoint a substitute decision maker without referring the matter to a hearing panel if all interested parties agree and are given the opportunity to make representations to the commissioner;
  • the maximum term for renewing the appointment of a substitute decision maker other than the Public Guardian and Trustee is increased from 5 to 10 years;
  • the maximum term for extending an emergency appointment or variation is increased from 30 to 60 days.

Acts repealed

The Design Institute Act, The Discriminatory Business Practices Act, The Government Air Service Act, The Heritage Manitoba Act and The New Home Warranty Act (unproclaimed) are repealed.

TABLE OF CONTENTS

Section

1   The Adult Learning Centres Act

2   The Adult Literacy Act

3-4   The Design Institute Act

5   The Discriminatory Business Practices Act

6-10   The Emergency Measures Act

11   The Financial Administration Act

12   The Government Air Service Act

13-15   The Heritage Manitoba Act

16   The Highway Traffic Act

17   The Labour Relations Act

18   The New Home Warranty Act

19   The Pesticides and Fertilizers Control Act

20   The Pharmaceutical Act

21   The Poverty Reduction Strategy Act

22-23   The Prescription Drugs Cost Assistance Act

24   The Prescription Drugs Cost Assistance Amendment Act (Prescription Drug Monitoring and Miscellaneous Amendments)

25-26   The Manitoba Public Insurance Corporation Act

27   The Public Officers Act

28   The Regulated Health Professions Act

29-30   The Upper Fort Garry Heritage Provincial Park Act

31-32   The Vulnerable Persons Living with a Mental Disability Act

33   Coming into force


CHAPTER 30

THE REDUCING RED TAPE AND IMPROVING SERVICES ACT, 2020

(Assented to May 20, 2021)

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

THE ADULT LEARNING CENTRES ACT

C.C.S.M. c. A5 amended

1

Section 37 of The Adult Learning Centres Act is repealed.

THE ADULT LITERACY ACT

C.C.S.M. c. A6 amended

2

Clause 8(e) and section 10 of The Adult Literacy Act are repealed.

THE DESIGN INSTITUTE ACT

R.S.M. 1987, c. D40 repealed

3

The Design Institute Act, R.S.M. 1987, c. D40, is repealed.

Transitional — dissolution of institute

4

On the coming into force of this section,

(a) The Manitoba Design Institute is dissolved; and

(b) the appointment of each member of the institute is revoked and the rights and obligations of each member in relation to the appointment are extinguished.

THE DISCRIMINATORY BUSINESS PRACTICES ACT

S.M. 1987-88, c. 25 repealed

5

The Discriminatory Business Practices Act, S.M. 1987-88, c. 25, is repealed.

THE EMERGENCY MEASURES ACT

C.C.S.M. c. E80 amended

6(1)

The Emergency Measures Act is amended by this section.

6(2)

Section 1 is amended

(a) by adding the following definition:

"continuity plan" means a plan for responding to an event that affects critical services, including an emergency or a disaster, which includes measures to ensure the continuation or restoration of those services during and after the event; (« plan de continuité »)

(b) by replacing the definitions "co-ordinator" and "emergency management program" with the following:

"co-ordinator" means the senior officer responsible for the administration of the Manitoba Emergency Measures Organization; (« coordonnateur »)

"emergency management program" means a program

(a) to reduce vulnerability to hazards and increase emergency and disaster resiliency, and

(b) to establish and formalize the processes to be used to prevent, mitigate, prepare for, respond to and recover from an emergency or disaster; (« programme de gestion des situations d'urgence »)

(c) by repealing the definitions "business continuity plan" and "emergency preparedness program"; and

(d) in the definition "local authority",

(i) in the English version, by adding "any of the following:" after "means", and

(ii) by replacing clauses (e) to (g) with the following:

(e) the Minister of Indigenous and Northern Relations in respect of northern Manitoba other than an incorporated community,

(f) the Minister of Conservation and Climate with respect to provincial parks designated under section 7 of The Provincial Parks Act,

(f.1) the Minister of Agriculture and Resource Development with respect to

(i) Crown lands in Manitoba within the meaning of The Crown Lands Act, and

(ii) wildlife management areas or wildlife refuges designated under section 2 of The Wildlife Act,

(g) the Minister responsible for the administration of the Indian Act (Canada) with respect to a reserve as defined in that Act,

6(3)

Subsection 2(1) is replaced with the following:

Manitoba Emergency Measures Organization

2(1)

The Emergency Measures Organization is hereby continued under the name "Manitoba Emergency Measures Organization" as a branch of the department administered by the minister.

6(4)

Subsection 2(2) and the part of subsection 2(3) before clause (a) are amended by adding "Manitoba" before "Emergency Measures Organization".

6(5)

Section 2.1 is amended

(a) by replacing the section heading with "Mandate"; and

(b) in the part before clause (a), by adding "Manitoba" before "Emergency Measures Organization".

6(6)

Section 2.2 is replaced with the following:

Emergency preparation

2.2

The Manitoba Emergency Measures Organization

(a) must prepare a provincial emergency management program and a provincial emergency plan, and conduct regular reviews and revisions of the program and plan; and

(b) may establish and maintain a registry containing a copy of every emergency management program and emergency plan in effect in the province.

6(7)

Section 3 is amended by striking out "preparedness" and substituting "management".

6(8)

Section 6 is amended

(a) in clauses (a) and (b), by striking out "emergency preparedness programs and" and substituting "emergency management programs, other than programs prepared under section 8.1, and of"; and

(b) in clauses (b.2) and (b.3), by striking out "business" wherever it occurs.

6(9)

Section 7 is amended

(a) in clauses (a) to (c), by striking out "preparedness" and substituting "management"; and

(b) in clause (d),

(i) by striking out "preparedness" and substituting "management", and

(ii) by adding "Manitoba" before "Emergency Measures Organization".

6(10)

Subsection 8(1) is amended

(a) in the section heading, by adding "and duties" after "Powers";

(b) in clause (a), by striking out "emergency preparedness" and substituting "emergency management";

(c) in clause (c),

(i) by striking out "from the local emergency response control group", and

(ii) by striking out "emergency preparedness" and substituting "emergency management"; and

(d) in clauses (d) to (g), by striking out "emergency preparedness" wherever it occurs and substituting "emergency management".

6(11)

Subsections 8(4), (7) and (8) are amended by striking out "preparedness" and substituting "management".

6(12)

Subsection 8(9) is repealed.

6(13)

Subsection 8.3(1) is amended

(a) in the section heading, by striking out "Business continuity" and substituting "Continuity"; and

(b) by striking out "business".

6(14)

Subsections 8.3(5) and (6) of the English version are amended by striking out "business".

6(15)

Subsection 12(4) is amended

(a) in the section heading, by striking out "Business continuity" and substituting "Continuity"; and

(b) in clause (a), by striking out "business".

6(16)

Subsection 12(5) is replaced with the following:

Statutes and Regulations Act does not apply

12(5)

The Statutes and Regulations Act does not apply to an order made under this section.

6(17)

Subsections 16.1(1) and 17(6) and clauses 17(7)(b) and (c) are amended by adding "Manitoba" before "Emergency Measures Organization".

Consequential amendment, C.C.S.M. c. H60

7

The definition "government emergency organization" in subsection 1(1) of The Highway Traffic Act is amended by adding "Manitoba" before "Emergency Measures Organization".

Consequential amendments, C.C.S.M. c. R32

8

The following provisions of The Red River Floodway Act are amended by adding "Manitoba" before "Emergency Measures Organization":

(a) subsection 3(2) in the section heading and in the part before clause (a);

(b) subsection 3(3);

(c) subsection 4(1);

(d) clause 11(2)(a).

Consequential amendments, C.C.S.M. c. W70

9

The following provisions of The Water Resources Administration Act are amended by adding "Manitoba" before "Emergency Measures Organization":

(a) subsection 12.2(2) in the section heading and in the part before clause (a);

(b) subsection 12.2(3);

(c) subsection 12.3(1);

(d) clause 12.7(3)(a).

Consequential amendments, C.C.S.M. c. W200

10(1)

The Workers Compensation Act is amended by this section.

10(2)

Clause 1(4)(e) is amended

(a) in subclause (ii), by striking out "Executive Co-ordinator of the Emergency Measures Organization" and substituting "co-ordinator of the Manitoba Emergency Measures Organization"; and

(b) in subclause (iii), by striking out "preparedness" and substituting "management".

10(3)

Subsection 1(7) is amended

(a) in clause (e), by striking out "preparedness" and substituting "management"; and

(b) in clause (f), by striking out "Executive Co-ordinator of the Emergency Measures Organization" and substituting "co-ordinator of the Manitoba Emergency Measures Organization".

THE FINANCIAL ADMINISTRATION ACT

C.C.S.M. c. F55 amended

11

Subsection 27(2) of The Financial Administration Act is amended

(a) in the part before clause (a), by adding "any securities, including but not limited to" after "dispose of"; and

(b) by adding "and" at the end of clause (d), striking out "and" at the end of clause (e) and repealing clause (f).

THE GOVERNMENT AIR SERVICE ACT

R.S.M. 1987, c. G70 repealed

12

The Government Air Service Act, R.S.M. 1987, c. G70, is repealed.

THE HERITAGE MANITOBA ACT

R.S.M. 1987, c. H39 repealed

13

The Heritage Manitoba Act, R.S.M. 1987, c. H39, is repealed.

Transitional — dissolution of foundation

14

On the coming into force of this section,

(a) Heritage Manitoba is dissolved;

(b) the appointment of each member of the board of directors is revoked and the rights and obligations of each member in relation to the appointment are extinguished;

(c) the rights and property of Heritage Manitoba are vested in the government; and

(d) all liabilities and obligations of Heritage Manitoba are assumed by the government.

Consequential amendment, C.C.S.M. c. M226

15

Subsection 1(1) of The Municipal Assessment Act is amended in the definition "assessable property" by repealing subclause (h)(i).

THE HIGHWAY TRAFFIC ACT

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

16(1)

The Highway Traffic Act is amended by this section.

16(2)

Subsection 1(1) is amended

(a) in the definition "agricultural equipment",

(i) in the part before clause (a), by adding "or for a purpose prescribed in the regulations," after "livestock operations,", and

(ii) in clause (b), by adding ", unless it is of a type prescribed in the regulations and used primarily for a use prescribed in the regulations" at the end;

(b) in the definition "infrastructure equipment",

(i) by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):

(c) of a type prescribed in the regulations and used primarily for a use prescribed in the regulations,

(ii) in the part after clause (c), by striking out "clause (a) or (b)" and substituting "clause (a), (b) or (c)"; and

(c) in the definition "power-assisted bicycle", by adding "and" at the end of clause (d) and repealing clause (e).

16(3)

The following is added after clause 319(6)(a):

(a.1) prescribing vehicle types and uses for the purpose of the definitions "agricultural equipment" and "infrastructure equipment" in subsection 1(1);

THE LABOUR RELATIONS ACT

C.C.S.M. c. L10 amended

17

Subsection 143(4) of The Labour Relations Act is amended

(a) by striking out "and render a decision on"; and

(b) by adding "and render a decision as soon as reasonably practicable" after "reference".

THE NEW HOME WARRANTY ACT

S.M. 2013, c. 23 (unproclaimed Act repealed)

18

The New Home Warranty Act, S.M. 2013, c. 23, is repealed.

THE PESTICIDES AND FERTILIZERS CONTROL ACT

C.C.S.M. c. P40 amended

19(1)

The Pesticides and Fertilizers Control Act is amended by this section.

19(2)

Section 1 is amended

(a) in the definition "commercial manure applicator", by striking out "transports manure, or applies it to land," and substituting "applies manure to land"; and

(b) by repealing the definition "off-farm manure applicator".

19(3)

Subsection 2(2.2) is repealed.

19(4)

Subsection 2(3) is amended by striking out "subsection (1), (2), (2.1) or (2.2)" and substituting "subsection (1), (2) or (2.1)".

19(5)

Subsections 2(4) and (5) are amended by striking out ", or to transport manure or apply it to land," and substituting "or to apply manure to land".

19(6)

Subclause 4(1)(a)(ii) is amended by striking out everything after "concerning the" and substituting "application of manure to land by a commercial manure applicator;".

19(7)

Clause 5(b) is replaced with the following:

(b) to apply manure to land for test purposes or to provide services involving the application of manure to land.

19(8)

Section 8 is amended

(a) by repealing clause (i.2);

(b) by replacing subclause (n)(iii) with the following:

(iii) for applying manure to land;

(c) in clause (p.1), by striking out ", transported".

THE PHARMACEUTICAL ACT

C.C.S.M. c. P60 amended

20(1)

The Pharmaceutical Act is amended by this section.

20(2)

Section 77 is amended

(a) in the definition "formulary", by striking out "by regulation under section 81" and substituting "under section 80.1"; and

(b) in the definition "product agreement", by replacing clause (b) with the following:

(b) specified by the minister under clause 8.2(1)(a) of The Prescription Drugs Cost Assistance Act.

20(3)

Subsection 79(1) is amended

(a) in clause (a), by striking out "prescribed" and substituting "set out"; and

(b) by replacing clause (b) with the following:

(b) the maximum additional amount set out in the formulary.

20(4)

Subsection 79(6) is amended

(a) in clause (a), by striking out "prescribed" and substituting "set out"; and

(b) by replacing clause (b) with the following:

(b) the maximum additional amount set out in the formulary.

20(5)

The following is added after section 80:

Formulary

80.1(1)

The minister must establish and maintain a formulary that

(a) designates products as interchangeable with one or more products;

(b) sets out the maximum costs chargeable for interchangeable products; and

(c) sets out information respecting pharmaceutical products.

Notice to change formulary not required

80.1(2)

Subject to subsection (3), the minister may change the formulary at any time, including adding or removing a product, without prior notice to anyone.

Notice required by product agreement

80.1(3)

Subsection (2) does not relieve the minister of any notice requirement set out in a product agreement.

Distribution and publication

80.1(4)

The minister must publish the formulary on a government website and distribute and publish it in any other manner the minister considers advisable.

20(6)

Clauses 81(1)(a) to (b) are repealed.

THE POVERTY REDUCTION STRATEGY ACT

C.C.S.M. c. P94.7 amended

21

Subsections 3(4) and 5(3) of The Poverty Reduction Strategy Act are repealed.

THE PRESCRIPTION DRUGS COST ASSISTANCE ACT

C.C.S.M. c. P115 amended

22(1)

The Prescription Drugs Cost Assistance Act is amended by this section.

22(2)

Section 1 is amended

(a) in the definition "monitored drug", by striking out "in the regulations" and substituting "under clause 8.2(1)(b)";

(b) in the definition "product agreement", by replacing clause (b) with the following:

(b) specified under clause 8.2(1)(a);

(c) in the definition "specified drug", by striking out "in the regulations" and substituting "under clause 8.2(1)(a)".

22(3)

The following is added after section 8.1:

Minister may specify drugs

8.2(1)

The minister may

(a) specify drugs and other items in respect of the cost of which benefits may be paid;

(b) designate a specified drug, or a class of specified drugs, as a monitored drug or class of monitored drugs, including designating a specified drug that is a controlled substance as defined in the Controlled Drugs and Substances Act (Canada) as a monitored drug; and

(c) remove or revoke a specification or designation made under clause (a) or (b).

Powers of minister

8.2(2)

In specifying drugs or other items under subsection (1), the minister may specify that a benefit is payable in respect of the drug or other item in one or more of the following circumstances:

(a) it is prescribed to treat one or more conditions specified by the minister;

(b) it is prescribed for a beneficiary who meets criteria specified by the minister;

(c) it is prescribed by a health care practitioner who meets criteria specified by the minister;

(d) an application is made for a benefit to be paid in respect of the drug or other item in accordance with the requirements established by the minister.

Specifying drug or item in exceptional circumstances

8.2(3)

The minister may, in exceptional circumstances, specify that a benefit is payable in respect of a drug or other item that has not been specified under subsection (1).

Exceptional circumstances

8.2(4)

For the purpose of subsection (3), an exceptional circumstance includes the following:

(a) while it is ordinarily administered only to an in-patient of a hospital, the drug or other item is being administered outside a hospital;

(b) the drug or other item is not ordinarily prescribed or administered in Manitoba but is being prescribed because it is required in the treatment of a patient who has an illness, disability or condition rarely found in Manitoba;

(c) evidence, including therapeutic and economic evidence, provided to the minister in accordance with the criteria established by the minister supports a specific treatment regime that includes use of the drug or other item.

Reference to lists of drugs

8.2(5)

A specified drug may be specified by the minister by reference to any pharmacopoeia, formulary or other list of drugs, published or printed for any other purpose and by any other person, either with or without variation, modification or amendment and with or without additions to it or deletions from it.

Notice not required

8.2(6)

A power may be exercised under subsection (1) at any time without prior notice to anyone.

Notice requirement — product agreement

8.2(7)

Subsection (6) does not relieve the minister of any notice requirement set out in a product agreement.

Distribution and publication

8.2(8)

The minister must publish the list of the drugs and other items specified under subsection (1) on a government website and distribute and publish it in any other manner the minister considers advisable.

22(4)

Clauses 9(1.1)(a), (a.2) and (a.3) and subsection 9(2) are repealed.

Consequential amendments, S.M. 2009, c. 15 (unproclaimed provisions)

23(1)

The Regulated Health Professions Act, as enacted by S.M. 2009, c. 15, is amended by this section.

23(2)

The definition "formulary" in subsection 215(1) is amended by striking out "by regulation under section 218" and substituting "under section 217.1".

23(3)

Subsection 216(1) is amended

(a) in clause (a), by striking out "prescribed" and substituting "set out"; and

(b) by replacing clause (b) with the following:

(b) the maximum additional amount set out in the formulary.

23(4)

Subsection 216(6) is amended

(a) in clause (a) of the English version, by striking out "prescribed" and substituting "set out"; and

(b) by replacing clause (b) with the following:

(b) the maximum additional amount set out in the formulary.

23(5)

The following is added after section 217:

Formulary

217.1(1)

The minister must establish and maintain a formulary that

(a) designates products as interchangeable with one or more products;

(b) sets out the maximum costs chargeable for interchangeable products; and

(c) sets out information respecting pharmaceutical products.

Notice to change formulary not required

217.1(2)

Subject to subsection (3), the minister may change the formulary at any time, including adding or removing a product, without prior notice to anyone.

Notice required by product agreement

217.1(3)

Subsection (2) does not relieve the minister of any notice requirement set out in a product agreement.

Distribution and publication

217.1(4)

The minister must publish the formulary on a government website and distribute and publish it in any other manner the minister considers advisable.

23(6)

Clauses 218(a) to (c) are repealed.

THE PRESCRIPTION DRUGS COST ASSISTANCE AMENDMENT ACT (PRESCRIPTION DRUG MONITORING AND MISCELLANEOUS AMENDMENTS)

S.M. 2011, c. 4 (unproclaimed provisions repealed)

24

The Prescription Drugs Cost Assistance Amendment Act (Prescription Drug Monitoring and Miscellaneous Amendments), as enacted by S.M. 2011 c. 4, is amended by repealing the following provisions:

(a) clause 2(b);

(b) section 3;

(c) section 5 insofar as it enacts clause 9(1.1)(a.1).

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

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

25(1)

The Manitoba Public Insurance Corporation Act is amended by this section.

25(2)

The following is added after section 26:

Recovery of certain amounts by demand

26.1(1)

In lieu of bringing an action under clause 26(6)(a) in respect of the corporation's rights of recovery under subclause 26(2)(a)(i), (ii), (iv) or (v) or clause 26(b), the corporation may send to the person against whom it may bring such an action a demand for payment of the amount that the corporation is entitled to recover in the action.

Liability

26.1(2)

The liability of a person named in the demand to pay to the corporation the amount demanded arises on the day the corporation sends the demand to the person.

Sending demand

26.1(3)

A demand may be sent for the purpose of this section by ordinary mail or e-mail to the last known address of the person named in the demand that appears in the corporation's records.

Amount is a debt due the corporation

26.1(4)

The amount that the person named in the demand is liable to pay to the corporation under this section is a debt due the corporation by the person.

Certificate registered in court

26.1(5)

The corporation may certify a debt referred to in subsection (4), or any part of such a debt that has not been paid. The certificate may be registered in court and, once registered, may be enforced as if it were a judgment of the court.

Extended application

26.1(6)

The corporation is entitled to recover, and may exercise its rights of recovery provided under this section, against a person who, in accordance with subsection 26(4), is liable to the same extent as a person described in subsection (1).

25(3)

Subsection 164(1) is replaced with the following:

Definition of "year"

164(1)

In this Division, "year" means the period beginning on April 1 of one year and ending on March 31 of the following year.

25(4)

Subsection 165(3) is amended by striking out "March 1" and substituting "April 1" in the section heading and in the section.

Conditional amendment

26(1)

This section applies

(a) if Bill 15, introduced in the Third Session of the 42nd Legislature and titled The Manitoba Public Insurance Corporation Amendment Act (Claim Dispute Tribunal), receives royal assent; and

(b) when section 4 of that Act, insofar as it enacts subsection 67.3(1), comes into force.

26(2)

Subsection 67.3(1) of The Manitoba Public Insurance Act is amended

(a) by replacing the section heading with "Disputes concerning liability, coverage and subrogated amounts"; and

(b) by adding the following as clause (c):

(c) in respect of a demand issued by the corporation under section 26.1, the amount the corporation has determined that it is entitled to recover from the insured under clause 26(6)(a).

THE PUBLIC OFFICERS ACT

C.C.S.M. c. P230 amended

27

Section 20 of The Public Officers Act is repealed.

THE REGULATED HEALTH PROFESSIONS ACT

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

28(1)

The Regulated Health Professions Act is amended by this section.

28(2)

The definition "public representative" in subsection 1(1) is amended, in the part after clause (b), by striking out "under subsection 13(2) or 13(3)" and substituting "to a council under subsection 13(2) or (3) or a committee of the council under section 17".

28(3)

The following is added after subsection 17(2):

Non-council members may be appointed

17(3)

A public representative appointed to a committee of the council may be a person who is not a member of the council.

THE UPPER FORT GARRY HERITAGE PROVINCIAL PARK ACT

C.C.S.M. c. U80 amended

29(1)

The Upper Fort Garry Heritage Provincial Park Act is amended by this section.

29(2)

Section 1 is amended by repealing the definition "advisory committee".

29(3)

Sections 4 to 6 are repealed.

Transitional — dissolution of advisory committee

30

On the coming into force of this section,

(a) the Upper Fort Garry Heritage Provincial Park advisory committee is dissolved; and

(b) the appointment of each member of the advisory committee is revoked and the rights and obligations of each member in relation to the appointment are extinguished.

THE VULNERABLE PERSONS LIVING WITH A MENTAL DISABILITY ACT

C.C.S.M. c. V90 amended

31(1)

The Vulnerable Persons Living with a Mental Disability Act is amended by this section.

31(2)

Subsection 42(2) is amended by striking out everything after "whether" and substituting "the commissioner should proceed to consider the matter and, if so, whether to refer the matter to the hearing panel.".

31(3)

The following is added after subsection 42(3):

Consideration without hearing panel

42(3.1)

If the commissioner decides to consider the matter without referring it to the hearing panel, the commissioner shall give notice of the procedure to the persons who were provided with notice of the hearing and any other person the commissioner considers appropriate.

31(4)

Subsection 42(4) is replaced with the following:

Division 3 or 4 applies

42(4)

A matter referred to in subsection (3) or (3.1) is considered to be an application for the appointment of a substitute decision maker in that other area of decision making. The provisions of Division 3 or 4, as the case may be, apply with necessary modifications to the application.

31(5)

Subsection 50(3) is replaced with the following:

Decision to consider application

50(3)

If, after a preliminary investigation, the commissioner determines that all the criteria set out in section 49 have been met, the commissioner shall proceed to consider the application.

31(6)

Subsection 51(3) is repealed.

31(7)

The following is added after section 51:

Decision to refer to hearing panel

51.1(1)

The commissioner may refer an application or part of an application to a hearing panel at any stage after making a decision under subsection 50(3), in which case the hearing panel shall hold a hearing for the purpose of making recommendations to the commissioner.

Notice of referral to hearing panel

51.1(2)

The commissioner shall give notice of a referral to a hearing panel to the persons given notice under subsection 51(1).

No referral to hearing panel

51.2(1)

Alternatively, the commissioner may consider an application after making a decision under subsection 50(3) without referring the application to a hearing panel and shall give notice of this procedure to the persons given notice under subsection 51(1).

Opportunity to be heard

51.2(2)

If the commissioner considers an application without referring it to a hearing panel, the commissioner shall give the persons given notice under subsection 51(1) an opportunity to present information and make representations respecting the application.

Referral if objection

51.2(3)

Despite subsection (1), if the commissioner has chosen to consider the application without a hearing panel but receives, within 14 days of the date of the notice, a written objection to that procedure from a person given notice under subsection (1), the commissioner shall refer the application to a hearing panel.

Notice of hearing by hearing panel

51.3

When an application is referred to a hearing panel under section 51.1 or subsection 51.2(3), the commissioner shall give notice of the hearing to the persons given notice under subsection 51(1).

31(8)

Section 52 is amended, in the part before clause (a), by striking out "The hearing panel" and substituting "If an application is referred to a hearing panel under section 51.1 or subsection 51.2(3), the hearing panel".

31(9)

Subsection 53(1) is amended, in the part before clause (a), by striking out ", after considering the recommendations of the hearing panel,".

31(10)

Subsection 53(3) is amended, in the part before clause (a), by striking out ", after considering the recommendations of the hearing panel,".

31(11)

Subsection 85(3) is replaced with the following:

Decision to consider application

85(3)

If, after a preliminary investigation, the commissioner determines that all the criteria set out in section 84 have been met, the commissioner shall proceed to consider the application.

31(12)

Subsection 86(3) is repealed.

31(13)

The following is added after section 86:

Decision to refer to hearing panel

86.1(1)

The commissioner may refer an application or part of an application to a hearing panel at any stage after making a decision under subsection 85(3), in which case the hearing panel shall hold a hearing for the purpose of making recommendations to the commissioner.

Notice of referral to hearing panel

86.1(2)

The commissioner shall give notice of a referral to a hearing panel to the persons given notice under subsection 86(1).

No referral to hearing panel

86.2(1)

Alternatively, the commissioner may consider an application after making a decision under subsection 85(3) without referring the application to a hearing panel and shall give notice of this procedure to the persons given notice under subsection 86(1).

Opportunity to be heard

86.2(2)

If the commissioner considers an application without referring it to a hearing panel, the commissioner shall give the persons given notice under subsection 86(1) an opportunity to present information and make representations respecting the application.

Referral if objection

86.2(3)

Despite subsection (1), if the commissioner has chosen to consider the application without a hearing panel but receives, within 14 days of the date of the notice, a written objection to that procedure from a person given notice under subsection (1), the commissioner shall refer the application to a hearing panel.

Notice of hearing by hearing panel

86.3

When an application is referred to a hearing panel under section 86.1 or subsection 86.2(3), the commissioner shall give notice of the hearing to the persons given notice under subsection 86(1).

31(14)

Section 87 is amended, in the part before clause (a), by striking out "The hearing panel" and substituting "If an application is referred to a hearing panel under section 86.1 or subsection 86.2(3), the hearing panel".

31(15)

Subsection 88(1) is amended, in the part before clause (a), by striking out ", after considering the recommendations of the hearing panel,".

31(16)

Subsection 88(3) is amended, in the part before clause (a), by striking out ", after considering the recommendations of the hearing panel,".

31(17)

Subsection 114(2) is amended, in the part after clause (b), by adding "or giving the persons entitled to notice under subsection (4) an opportunity to present information and make representations respecting the matter" after "hearing panel".

31(18)

Subsection 120(2) is replaced with the following:

Hearing panel and representations not required

120(2)

The commissioner is not required to refer an application under subsection (1) to a hearing panel or to give the persons entitled to notice under section 122 an opportunity to present information and make representations respecting the application.

31(19)

Subsection 120(4) is amended by striking out "an additional 30 days" and substituting "an additional 60 days".

31(20)

Subsection 123(2) is replaced with the following:

Hearing panel and representations not required

123(2)

The commissioner is not required to refer an application under subsection (1) to a hearing panel or to give the persons entitled to notice under section 125 an opportunity to present information and make representations respecting the application.

31(21)

Subsection 126(2) is replaced with the following:

Hearing panel and representations not required

126(2)

The commissioner is not required to refer an application under subsection (1) to a hearing panel or to give the persons entitled to notice under section 127 an opportunity to present information and make representations respecting the application.

31(22)

Subsection 126(5) is amended by striking out "a further 30 days" and substituting "a further 60 days".

31(23)

Subsection 133(2) is replaced with the following:

Notice of referral and hearing

133(2)

The commissioner shall give notice of the following to the persons given notice under section 132:

(a) a referral to a hearing panel;

(b) the hearing by the hearing panel.

31(24)

The following is added after subsection 141(4):

Notice of hearing by hearing panel

141(5)

When an application is referred to a hearing panel under subsection (1) or (4), the commissioner shall give notice of the hearing to the persons given notice under subsection (3).

31(25)

Subsection 144(6) is amended by adding "if the Public Guardian and Trustee has been appointed the substitute decision maker, and ten years from that date for all other appointments" at the end.

31(26)

Subsection 147(1) is amended

(a) in clause (a), by striking out "refer an application to a hearing panel" and substituting "proceed to consider an application"; and

(b) by adding the following after clause (a):

(a.1) under section 51.1, 51.2, 86.1 or 86.2 as to whether or not to refer an application or part of an application to a hearing panel;

31(27)

Subsection 159(3) is amended

(a) by repealing clause (c);

(b) by adding the following after clause (c):

(c.1) under section 51.2 (alternative procedure with opportunity to make representations for application re appointment of substitute decision maker for personal care);

(c) in clause (d), by striking out "subsection 51(3)" and substituting "section 51.3";

(d) by adding the following after clause (d):

(d.1) under section 86.2 (alternative procedure with opportunity to make representations for application re appointment of substitute decision maker for property);

(e) in clause (e), by striking out "subsection 86(3)" and substituting "section 86.3";

(f) in clause (f), by striking out "subsection 133(2) or 134(1)" and substituting "clause 133(2)(b) or subsection 134(1)"; and

(g) in clause (g), by adding "or (5)" after "subsection 141(3)".

Transitional — application to appoint substitute decision maker

32(1)

The former Act applies to an application made under Division 3 or 4 (substitute decision maker for personal care or property) of Part 4 — and to any matter reported under section 42 in respect of it — if the commissioner has given notice before the coming into force of this section that the application has been referred to a hearing panel.

Transitional — review

32(2)

The former Act applies to the renewal of the appointment of a substitute decision maker if the commissioner has given notice of a review of the renewal, as provided for under subsection 141(3) of the Act, before the coming into force of this section.

Meaning of "former Act"

32(3)

In subsections (1) and (2), "former Act" means The Vulnerable Persons Living with a Mental Disability Act as it read immediately before the coming into force of this section.

COMING INTO FORCE

Coming into force — royal assent

33(1)

Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force — proclamation

33(2)

The following provisions come into force on a day to be fixed by proclamation:

(a) sections 6 to 10;

(b) section 20;

(c) sections 22 to 24;

(d) subsections 25(3) and (4);

(e) sections 31 and 32.