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The Reducing Red Tape and Improving Services Act, 2021

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S.M. 2021, c. 48

Bill 55, 3rd Session, 42nd Legislature

The Reducing Red Tape and Improving Services Act, 2021

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 two Acts to reduce or eliminate regulatory requirements or prohibitions and to streamline government operations.

The Crown Corporations Governance and Accountability Act

Annual public meetings of Crown corporations may be held in person or electronically.

The Drivers and Vehicles Act

Enhanced driver's licences and enhanced identification cards are eliminated. Persons who currently hold enhanced driver's licences are to be issued regular driver's licences, while those who currently hold enhanced identification cards are to be issued regular identification cards.

The Election Financing Act

If authorized by the chief electoral officer, documents and other information required to be filed under the Act may be signed and filed electronically.

The Elections Act

Modifications proposed to the voting process by the chief electoral officer must now be tabled in the Assembly before being referred to the standing committee. The information in the voters lists is standardized and the final voters list may be updated with information obtained on election day.

If authorized by the chief electoral officer, documents required to be filed under the Act may be signed and filed electronically.

The Family Farm Protection Act

References to The Manitoba Farm Industry Board are removed from the Act and the board no longer has responsibility for investigating and mediating financial disputes between farmers and their creditors. Creditors continue to require leave of the court when executing against real property held by farmers. The board is continued under The Farm Lands Ownership Act.

The Farm Machinery and Equipment Act

Creditors no longer require leave of the Manitoba Farm Industry Board to repossess farm equipment for a failure to pay. The Act is also updated to remove licensing requirements for dealers and vendors of farm equipment and to allow notices to be provided by e-mail instead of fax.

The Fish and Wildlife Enhancement Fund Act

Initiatives that enhance the populations and habitats of fish and wildlife that are fished, hunted and trapped by licence holders may receive grants. The minister must seek nominations from organizations representing licence holders when appointing subcommittee members.

The Garage Keepers Act

The registrar of motor vehicles may disclose vehicle ownership information to a garage keeper who is exercising their lien right to sell a vehicle for unpaid fees.

The Highway Traffic Act

The power to fix speed limits of more than 90 km/h is transferred from the Lieutenant Governor in Council to the minister.

The Planning Act

The validity of certificates of approval for subdivisions is extended from 12 months to 24 months. The time period for withholding a development permit is shortened from a maximum of 125 days to a maximum of 90 days. A notice of hearing may reference the civic address of a property in addition to its legal description.

The Statutes and Regulations Act

The Standing Committee on Statutory Regulations and Orders must now consider a regulation within 120 days after it is tabled in the Assembly. Acts that have not come into force within 10 or more years after being enacted are automatically repealed. Evaluation reports concerning regulations containing regulatory requirements are no longer required.

The Wildlife Act

Private landowners and municipalities may remove beaver dams and lodges on their land without government authorization. Persons may kill wild animals to defend their property on agricultural land they lease from the Crown.

Acts repealed

The Adult Literacy Act and The Apprenticeship Employment Opportunities Act (Public Works Contracts) are repealed.

TABLE OF CONTENTS

Section

1-2   The Adult Literacy Act

3   The Apprenticeship Employment Opportunities Act (Public Works Contracts)

4   The Crown Corporations Governance and Accountability Act

5   The Drivers and Vehicles Act

6   The Election Financing Act

7   The Elections Act

8-12   The Family Farm Protection Act

13-15   The Farm Machinery and Equipment Act

16   The Fish and Wildlife Enhancement Fund Act

17   The Garage Keepers Act

18   The Highway Traffic Act

19   The Planning Act

20   The Statutes and Regulations Act

21   The Wildlife Act

22   Coming into force


CHAPTER 55

THE REDUCING RED TAPE AND IMPROVING SERVICES ACT, 2021

(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 LITERACY ACT

S.M. 2007, c. 9 repealed

1

The Adult Literacy Act, S.M. 2007, c. 9, is repealed.

Consequential amendments, C.C.S.M. c. A6.3

2(1)

The Advanced Education Administration Act is amended by this section.

2(2)

The definition "educational institution" in section 1 is amended by adding "and" at the end of clause (c.1) and repealing clause (d).

2(3)

Clause 3(1)(c) is repealed.

THE APPRENTICESHIP EMPLOYMENT OPPORTUNITIES ACT (PUBLIC WORKS CONTRACTS)

S.M. 2014, c. 11 repealed

3

The Apprenticeship Employment Opportunities Act (Public Works Contracts), S.M. 2014, c. 11, is repealed.

THE CROWN CORPORATIONS GOVERNANCE AND ACCOUNTABILITY ACT

C.C.S.M. c. C336 amended

4(1)

The Crown Corporations Governance and Accountability Act is amended by this section.

4(2)

Clause 16(1)(d) is amended by striking out everything after "hold" and substituting "an annual public meeting in accordance with subsection (1.1).".

4(3)

The following is added after subsection 16(1):

Manner of holding public meeting

16(1.1)

A public meeting required under clause (1)(d) must be held at least once in each calendar year and may be held

(a) by means of an electronic or other communication facility, in which case the corporation must take reasonable measures to

(i) inform members of the public of the manner in which the meeting is to be held, and

(ii) enable members of the public to participate in the meeting and ask questions of the presenters; or

(b) in person, in which case the corporation must hold three separate meetings in different centres, of which

(i) one meeting must be held in Winnipeg,

(ii) one meeting must be held in northern Manitoba, and

(iii) one meeting must be held in a centre that is not in Winnipeg or in northern Manitoba.

THE DRIVERS AND VEHICLES ACT

C.C.S.M. c. D104 amended

5(1)

The Drivers and Vehicles Act is amended by this section.

5(2)

Subsection 1(1) is amended by repealing the definitions "eligibility criteria", "enhanced driver's licence" and "Western Hemisphere Travel Initiative".

5(3)

The following provisions are repealed:

(a) section 6.1;

(b) subsection 10(2);

(c) section 10.1 and the centred heading before it;

(d) section 10.2 and the centred heading before it.

5(4)

Clause 11(2)(a) is amended by striking out "and the licence is not an enhanced driver's licence".

5(5)

Subsection 11(3) is repealed.

5(6)

Clause 11(4)(b) of the French version is replaced with the following:

b) établis en la forme que revêt le type de permis en question que le registraire, un agent de la paix ou un juge délivre;

5(7)

Clause 11(4)(c) is replaced with the following:

(c) it complies with

(i) any requirements imposed by the registrar under subsection (1),

(ii) subsection (2), and

(iii) any requirements set out in the regulations.

5(8)

Clause 12(2)(c) is replaced with the following:

(c) that the person is entitled under the laws of Canada to be in Canada during its period of validity.

5(9)

The following provisions are repealed:

(a) subsection 14(3);

(b) section 31.1 and the centred heading before it.

5(10)

Subsection 32(1) is amended

(a) by repealing clause (c.2);

(b) in clause (h), by striking out "that is not an enhanced driver's licence"; and

(c) by repealing clause (i.1).

5(11)

The following provisions are repealed:

(a) section 92.1 and the centred heading before it;

(b) clause 126(6)(a).

5(12)

Section 150 and the centred heading before it are replaced with the following:

Meaning of "identification card"

150

In this Part, "identification card" means an identification card that may be issued under this Part.

5(13)

Subsections 150.1(2) and 150.2(2) are repealed.

5(14)

Section 150.3 is amended

(a) in the English version, by striking out "it" and substituting "its"; and

(b) by striking out "clauses 150.2(1)(d) and (2)(a)" and substituting "clause 150.2(1)(d)".

5(15)

Subsection 150.4(2) is amended by striking out "it is a basic identification card and".

5(16)

Subsection 150.4(3) is repealed.

5(17)

Subsection 150.4(4) is amended

(a) in clause (b), by striking out "that type of" and substituting "the"; and

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

(c) it complies with

(i) any requirements imposed by the registrar under subsection (1),

(ii) subsection (2), and

(iii) any requirements set out in the regulations.

5(18)

Clause 150.5(2)(c) is replaced with the following:

(c) that the person is entitled under the laws of Canada to be in Canada during its period of validity.

5(19)

The centred heading before section 150.6 of the English version is amended by striking out "DECLARATIONS" and substituting "DECLARATION".

5(20)

Subsection 150.6(2) is repealed.

5(21)

Subsection 150.7(2) is amended by striking out "a basic identification card" wherever it occurs and substituting "an identification card".

5(22)

Subsection 150.7(3) is repealed.

5(23)

Subsection 150.7(4) is amended, in the part before clause (a), by striking out "or (3)".

5(24)

Subsection 150.7(6) is amended

(a) in the section heading, by striking out "basic"; and

(b) by striking out "a basic identification card" and substituting "an identification card".

5(25)

Subsection 150.11(1) is amended by replacing everything after "other than" with "a person who is authorized to provide a service under clause 138(1)(a) or (a.1).".

5(26)

Subsection 150.11(2) is amended by striking out "clause (1)(b)" and substituting "subsection (1)".

5(27)

Section 150.15 and the centred heading before it are repealed.

5(28)

Clause 150.17(1)(a) is amended

(a) by repealing subclause (vi); and

(b) in subclause (viii), by striking out "a basic identification card" and substituting "an identification card".

Transitional — terminating agreement

5(29)

Subject to subsection (30), the minister may terminate any agreement entered into under section 31.1 or 150.15 of The Drivers and Vehicles Act on terms the minister considers appropriate.

Transitional — continued protection of personal information

5(30)

The terms on which an agreement is terminated under subsection (29) must include reasonable provisions to destroy or continue to maintain the confidentiality and security of personal information collected for the purpose of the agreement.

Transitional — expiry of enhanced drivers' licences and identification cards

5(31)

Every enhanced driver's licence and every enhanced identification card issued under The Drivers and Vehicles Act ceases to be valid on the day this section comes into force.

Transitional — issuance of regular driver's licence

5(32)

If a person holds a valid enhanced driver's licence immediately before the day this section comes into force, the registrar must issue to the person a regular driver's licence. The licence must be of the same class, have the same expiry date and be subject to the same conditions and restrictions as the person's enhanced driver's licence.

Transitional — issuance of regular identification card

5(33)

If a person holds a valid enhanced identification card immediately before the day this section comes into force, the registrar must issue to the person a regular identification card, unless the person already holds a valid regular driver's licence. The regular identification card must have the same expiry date as the person's enhanced identification card.

Transitional — no charge for issuing regular driver's licence or identification card

5(34)

No charge is payable, or shall be imposed, on the issuance of a driver's licence or identification card under subsection (32) or (33).

Transitional — definitions

5(35)

The following definitions apply in subsections (32) and (33).

"regular driver's licence" means a driver's licence that is not an enhanced driver's licence. (« permis de conduire régulier »)

"regular identification card" means an identification card that is not an enhanced identification card. (« carte d'identité régulière »)

THE ELECTION FINANCING ACT

C.C.S.M. c. E27 amended

6

The following is added after section 110 of The Election Financing Act:

Electronic documents

110.1

With the approval of the CEO, a statement, report, record or other information that is required to be filed under this Act may be filed in electronic form, and an electronic signature may be used to satisfy any signature requirement in respect of such a filing.

Public notice by CEO

110.2

The CEO must give public notice of the statements, reports, records and other information that are approved for filing in electronic form.

THE ELECTIONS ACT

C.C.S.M. c. E30 amended

7(1)

The Elections Act is amended by this section.

7(2)

Subsection 28.1(4) is replaced with the following:

Proposal to modify voting process

28.1(4)

Before directing a modification to the voting process under this section, the chief electoral officer must submit a written proposal to the Speaker describing the proposed modification.

Tabling of proposal

28.1(4.1)

The Speaker must table the proposal in the Assembly without delay if the Assembly is sitting or, if it is not, within 15 days after the next sitting begins.

Referral to Standing Committee

28.1(4.2)

A proposal stands referred to the Standing Committee of the Assembly on Legislative Affairs. The Committee must begin considering the proposal within 60 days after it is tabled in the Assembly.

7(3)

The following is added after subsection 30(2):

Electronic documents

30(3)

With the approval of the chief electoral officer, a form, document or other information that is required to be filed with or provided to the chief electoral officer or an election official under this Act may be filed or provided in electronic form, and an electronic signature may be used to satisfy any signature requirement in respect of such a filing or the provision of such information.

Public notice by CEO

30(4)

The chief electoral officer must publish on the Elections Manitoba website a list of the forms, documents and other information that are approved for the purpose of subsection (1).

7(4)

Subsection 63.8(2) is replaced with the following:

Content

63.8(2)

The voters list

(a) must be arranged in alphabetical order by surname;

(b) must include the surname, first name and any middle name of the voter, their residential address and, if different, mailing address, telephone number and the unique identifier assigned to the voter by the chief electoral officer; and

(c) subject to subsection 63.1(4), may include any other information the chief electoral officer considers necessary.

7(5)

Subsection 74(2) is replaced with the following:

Content of preliminary voters list

74(2)

The content of the preliminary voters list must comply with the requirements under subsection 63.8(2).

7(6)

Subsection 75(1) is replaced with the following:

Copies of preliminary voters lists to candidates

75(1)

On receiving the preliminary voters lists for their electoral division, the returning officer must, on request, provide a copy to each candidate in the election, as "candidate" is defined in this Act or The Election Financing Act.

Unique identifier not included

75(1.1)

Despite clause 63.8(2)(b), the unique identifier assigned to each voter under subsection 63.1(3) must not be included in the copy of the preliminary voters lists provided to a candidate.

7(7)

Subsection 75(2) is amended by striking out everything after "province".

7(8)

Subsection 89(2) is replaced with the following:

Form and content

89(2)

The revised voters list must

(a) contain the information set out in clauses 63.8(2)(b) and (c); and

(b) be in the form specified by the chief electoral officer.

7(9)

Section 176 is replaced with the following:

Final voters lists given to parties

176

As soon as possible after the election, the chief electoral officer must, on request, give each registered political party a copy of the final voters list. The final voters list is the official voters list, subject to

(a) the addition of the names of all persons added to the list before the end of election day; and

(b) each correction or deletion made to the list as a result of a person attending to vote in the election.

THE FAMILY FARM PROTECTION ACT

C.C.S.M. c. F15 amended

8(1)

The Family Farm Protection Act is amended by this section.

8(2)

Subsection 1(1) is amended by repealing the definitions "board", "farm machinery and equipment", "livestock", "mediation panel" and "peer advisory panel".

8(3)

The following provisions are repealed:

(a) Part II (Manitoba Farm Industry Board);

(b) subsections 9(2) and (3).

8(4)

The following is added as subsection 9(3.1):

Disposition

9(3.1)

On hearing an application, the court may

(a) adjourn for such period or periods considered appropriate, if the court is not satisfied that it is just and equitable to grant the relief sought at that time;

(b) make an order granting leave for the purposes of section 8, if the court is satisfied that it is just and equitable to do so; or

(c) make an order for any other procedural relief that the court considers appropriate.

8(5)

Subsection 9(4) is amended by replacing the part before clause (a) with the following:

Factors to be considered by the court

9(4)

When making a decision under subsection (3.1), the court may consider any factor, condition or circumstance it considers relevant, including the following:

8(6)

The following provisions are repealed:

(a) subsections 9(5) to (8);

(b) Part VI (Peer Advisory Panels);

(c) Part VII (Agreement Registry);

(d) sections 32 and 33.

8(7)

Subsection 35(1) is amended by striking out "or Part IV" in the section heading and in the section.

8(8)

The following provisions are repealed:

(a) subsection 35(2);

(b) subclauses 36(a)(ii), (iii), (vii) and (viii);

(c) clause 36(c).

8(9)

Subsection 37(3) is amended by striking out "or the board".

8(10)

The following provisions are repealed:

(a) Part IX (Dissolution of Former Board and Transitional Provisions);

(b) subsection 41(2).

S.M. 1986-87, c. 6 (unproclaimed provisions repealed)

9

Parts IV and V of The Family Farm Protection Act, S.M. 1986-87, c. 6, are repealed.

Transitional

10

An application that was commenced under Part III of The Family Farm Protection Act before the coming into force of this section is to proceed in accordance with that Act as it read immediately before the coming into force of this section.

Related amendments, C.C.S.M. c. F35

11(1)

The Farm Lands Ownership Act is amended by this section.

11(2)

Subsection 1(1) is amended in the definition "board" by striking out "established under subsection 3(1) of The Family Farm Protection Act" and substituting "continued under subsection 6(1)".

11(3)

Clause 2(e) of the English version is amended by adding "the" before "government".

11(4)

The following is added as sections 6.1 to 6.5:

Board continued

6.1(1)

The Manitoba Farm Industry Board, established under The Family Farm Protection Act, is continued under this Act.

Membership

6.1(2)

The board is to consist of at least 6 but not more than 11 members appointed by the Lieutenant Governor in Council.

Term of office

6.1(3)

Members of the board are to be appointed for the term fixed in the order appointing them.

Appointment continues

6.1(4)

A member whose term expires continues to hold office until the member is re-appointed, a successor is appointed or the appointment is revoked.

Chair and vice-chair

6.1(5)

The Lieutenant Governor in Council must designate one of the members of the board as chair and another member as vice-chair.

Authority of vice-chair

6.1(6)

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.

Remuneration and expenses

6.1(7)

The members of the board are to be paid remuneration and expenses at rates set by the Lieutenant Governor in Council.

Documentary evidence

6.1(8)

Any report or other document appearing to be signed by the chair or the vice-chair is admissible in evidence in any proceeding as proof of the facts stated unless the contrary is shown. Proof of the chair's or vice-chair's appointment or signature is not required.

Staff

6.2(1)

The minister must provide the board with technical and administrative support required for the board to carry out its duties.

Technical support

6.2(2)

The board may

(a) engage the services of such technical or professional advisors, specialists or consultants that it considers necessary to assist the board in performing its duties and exercising its powers; and

(b) with the consent of the minister in charge of a department of the government, utilize the services of any officer or other employee of that department.

Conflict of interest

6.3(1)

A member of the board must not hear or participate in the making of a decision by the board in any matter in which the member

(a) is related by blood or marriage, or is connected by common-law relationship, to any of the parties to the matter before the board;

(b) has a pecuniary interest; or

(c) has, within a period of six months immediately preceding the date on which the matter was submitted to the board, acted as solicitor, counsel or agent for any of the parties to the matter before the board.

Meaning of "connected by common-law relationship"

6.3(2)

For the purpose of clause (1)(a), persons are connected by common-law relationship if they are common-law partners of each other or if one is the common-law partner of a person who is connected by blood relationship to the other.

Establishing panels of the board

6.4(1)

The chair may

(a) establish panels of the board, each comprising one or more board members, to determine matters before the board or to perform or exercise other duties, functions or powers of the board;

(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.

Panel chair

6.4(2)

If the chair establishes a panel comprising more than one member, the chair must designate one of those members as chair of the panel.

Majority decision of panel

6.4(3)

A decision of the majority of the members of a panel is a decision of the panel.

Powers of panels

6.4(4)

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

6.4(5)

A decision of a panel about any matter being decided by it is a decision of the board about the matter.

Powers of board in relation to other proceedings

6.5

For certainty, 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 by the minister as described in subsection 8(1), the board has the same powers as it has in its role under this Act.

11(5)

The following is added after subsection 7(2):

Evidence Act powers

7(3)

The members of the board have the powers and protections of commissioners under Part V of The Manitoba Evidence Act.

11(6)

Subsection 8(1) is replaced with the following:

Duties, functions and powers of the board

8(1)

The board must perform the duties and functions, and may exercise the powers imposed upon or granted to it under this Act, or any other Act of the Legislature, and the board must discharge, perform and carry out such other duties and functions as may from time to time be assigned to it by the Lieutenant Governor in Council or by the minister.

11(7)

Subsection 8(1.1) is repealed.

11(8)

Subsection 8(2) is amended, in the part before clause (a), by striking out "subsections (1) and (1.1)" and substituting "subsection (1),".

11(9)

The centred heading before section 19 and sections 19 to 24 are repealed.

Consequential amendments, C.C.S.M. c. F45

12(1)

The Farm Practices Protection Act is amended by this section.

12(2)

Section 1 is amended in the definition "board" by striking out "established by subsection 3(1) of The Family Farm Protection Act" and substituting "continued under subsection 6(1) of The Farm Lands Ownership Act".

12(3)

Section 6.1 is amended

(a) in the section heading, by striking out "Family Farm Protection Act" and substituting "Farm Lands Ownership Act"; and

(b) by striking out "The Family Farm Protection Act" and substituting "The Farm Lands Ownership Act".

12(4)

The centred heading before section 14.1 and sections 14.1 to 14.6 are repealed.

THE FARM MACHINERY AND EQUIPMENT ACT

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

13(1)

The Farm Machinery and Equipment Act is amended by this section.

13(2)

Subsection 1(1) is amended in the definition "board" by striking out "established by subsection 3(1) of The Family Farm Protection Act" and substituting "continued under subsection 6(1) of The Farm Lands Ownership Act".

13(3)

Subsection 4(3) is amended

(a) in the section heading, by striking out "Family Farm Protection Act" and substituting "Farm Lands Ownership Act"; and

(b) by striking out "The Family Farm Protection Act" and substituting "The Farm Lands Ownership Act".

13(4)

The centred heading before section 8 and sections 8 to 16 are repealed.

13(5)

Section 19 is amended by striking out "facsimile transmission" and substituting "e-mail".

13(6)

Subsection 21(1) is amended by striking out "subsections 17(4)" and substituting "subsections 17(2), (4)".

13(7)

Clause 24(3)(b) and subsection 24(4) are amended by striking out "facsimile transmission" and substituting "e-mail".

13(8)

Section 38 is replaced with the following:

Repossession only in accordance with Act

38

A lienholder may repossess farm machinery or farm equipment only in accordance with this Act.

Repossession for default of payment

38.1(1)

If a purchaser is in default of payment under a lien note, the lienholder may repossess the farm machinery or farm equipment that is subject to the lien after providing 30 days' notice to the purchaser in accordance with this section.

Lienholder not entitled to repossess

38.1(2)

A lienholder is not entitled to repossess farm machinery or farm equipment under subsection (1) if, at any time before the lienholder repossesses the machinery or equipment, the purchaser pays the amount that is in default.

Notice content

38.1(3)

Notice under subsection (1) may be provided by e-mail or registered mail and must include the following information:

(a) a detailed description of the farm machinery or farm equipment that is to be repossessed;

(b) the date the payments were due and a detailed statement of the amount in default;

(c) a detailed statement of the total amount owing under the lien note;

(d) the estimated value of the farm machinery or farm equipment determined in accordance with a recognized industry guide;

(e) the date on which the lienholder may first repossess the machinery or equipment;

(f) the place and manner in which the purchaser may pay the amount in default;

(g) any other information required by the regulations.

When new notice is required

38.1(4)

For certainty, if the purchaser pays the amount that is in default before repossession, the lienholder shall provide the purchaser with a new notice under subsection (1) before attempting to repossess for any subsequent default.

Repossession with leave of the board

38.2(1)

With leave of the board, a lienholder may repossess farm machinery or farm equipment that is subject to a lien if the purchaser

(a) abandons or permanently parts with possession of the farm machinery or farm equipment;

(b) with the intention of defeating the lienholder's lien, conceals the farm machinery or farm equipment or removes it from the province;

(c) further encumbers or pledges any of the farm machinery or farm equipment; or

(d) causes or allows the farm machinery or farm equipment to deteriorate or be damaged, or exposes it to the risk of deterioration, damage or loss, other than normal wear and tear, such that its value as security is significantly diminished.

Application for leave

38.2(2)

An application for leave must be filed in a form approved by, or acceptable to, the board and must include the grounds for repossessing the farm machinery or farm equipment.

Hearing

38.2(3)

After notifying the purchaser of the application, the board must hold a hearing and make a decision to grant or refuse leave under this section as soon as is reasonably practicable.

Hearing without notice

38.2(4)

Despite subsection (3), the board may hear an application for leave without notice to the purchaser if

(a) requested by the lienholder; and

(b) the board is satisfied that doing so is necessary to prevent removal of or loss or damage to the farm machinery or farm equipment.

Application to set aside notice

38.3(1)

A purchaser who receives notice under subsection 38.1(1) may, at any time before the farm machinery or farm equipment is repossessed, apply to a judge of the Court of Queen's Bench for an order setting aside the notice on the grounds that

(a) the amount owing is incorrect; or

(b) the lienholder is otherwise unjustified in repossessing the machinery or equipment.

Application to court for revocation order

38.3(2)

A purchaser or lienholder may, within 10 days after the date of a decision of the board under section 38.2, apply to a judge of the Court of Queen's Bench

(a) in the case of the purchaser, for an order revoking the leave to repossess; or

(b) in the case of the lienholder, for an order granting leave to repossess.

Procedure on application to court

38.3(3)

An application under this section must be made and heard in accordance with the Queen's Bench Rules. If an application is made under subsection (2), the applicant must serve the board with a copy of the notice of application within the time set out in the Queen's Bench Rules for service of the notice of application on the respondent.

Stay of proceedings

38.3(4)

After being notified that the purchaser has made an application under subsection (1) or (2), the lienholder must not repossess the farm machinery or farm equipment except in accordance with the decision of the court.

13(9)

Subsection 39(1) is amended, in the part before clause (a), by striking out "with leave from the board" and substituting "under this Act".

13(10)

Subsection 39(2) is amended

(a) by replacing the part before clause (a) with the following:

Notice of repossession by lienholder

39(2)

The lienholder must provide the purchaser with notice of the repossession by e-mail or registered mail within two working days after the repossession. The notice must include the following:

(b) by striking out "and" at the end of clause (e); and

(c) by striking out everything after clause (f).

13(11)

Section 40 is replaced with the following:

New notice or leave required

40

For certainty, if a purchaser redeems farm machinery or farm equipment in accordance with section 39, the lienholder must provide new notice or receive new leave from the board before re-attempting to repossess the machinery or equipment.

13(12)

Subsection 42(1) is amended by striking out "Notwithstanding anything contained in section 38, 39 or 40" and substituting "Despite sections 38 to 40".

13(13)

Clause 42(2)(b) is amended by striking out "subsection 38(8)" and substituting "subsection 38.2(2)".

13(14)

Subsection 42(5) is amended, in the part before clause (a), by striking out "and the board".

13(15)

Subsection 42(6) is amended, in the part after clause (b), by striking out "facsimile transmission" and substituting "e-mail".

13(16)

Clauses 43(3)(b) and 47(b) are amended by striking out "facsimile transmission" and substituting "e-mail".

13(17)

Subsection 53(1) is replaced with the following:

Notice or other document by e-mail

53(1)

Wherever this Act requires or permits a notice or other document to be sent or provided by e-mail, the following rules apply:

(a) the notice or other document is deemed not to have been sent or provided if the person has not first agreed to receive it at the e-mail address to which it was sent;

(b) the notice or other document is deemed to have been provided to the person on the day after it is sent, unless

(i) an automated response is triggered indicating that the e-mail is not deliverable, or

(ii) before the e-mail was sent, the person provided written notice that the e-mail address must no longer be used for such a notice or other document.

13(18)

Subsection 53(2) is amended

(a) by replacing the part before clause (a) with the following:

Notification by registered mail

53(2)

Except as provided in subsection 17(2), wherever this Act requires or permits a notice or other document to be sent by registered mail, the following rules apply:

(b) in clauses (a) and (b) of the English version, by striking out "notification" and substituting "notice".

13(19)

Clauses 62(1)(f) to (k) are repealed.

13(20)

The following is added after clause 62(1)(n):

(n.1) prescribing information to be included in a notice to repossess farm machinery or farm equipment under clause 38.1(3)(g);

13(21)

The centred heading before section 62.1 and sections 62.1 to 62.6 are repealed.

S.M. 1998, c. 38 (unproclaimed provision repealed)

14

Clause 8(1)(c) of The Farm Machinery and Equipment and Consequential Amendments Act, S.M. 1998, c. 38, is repealed.

Consequential amendment, C.C.S.M. c. F157

15

Schedule A of The Francophone Community Enhancement and Support Act is amended by striking out "established under The Family Farm Protection Act" and substituting "continued under The Farm Lands Ownership Act".

THE FISH AND WILDLIFE ENHANCEMENT FUND ACT

C.C.S.M. c. F87 amended

16(1)

The Fish and Wildlife Enhancement Fund Act is amended by this section.

16(2)

Subsection 2.2(2) is amended by adding "and the fish and wildlife populations fished, hunted or trapped under a licence referred to in that subsection and their habitats" at the end.

16(3)

Subsection 3(3) is replaced with the following:

Subcommittee nominees

3(3)

The minister must request the names of persons who may be appointed to a subcommittee from organizations that represent anglers, hunters and trappers who are required to pay a fee referred to in subsection 2.1(1).

THE GARAGE KEEPERS ACT

C.C.S.M. c. G10 amended

17

The Garage Keepers Act is amended by adding the following after subsection 12(2):

Obtaining owner's identity

12(3)

If the motor vehicle, farm vehicle, accessory or equipment is registered or was previously registered under The Drivers and Vehicles Act, the registrar may disclose the name and address of the owner or last known owner if the garage keeper

(a) makes a request to the registrar in the form required by the registrar; and

(b) provides the registrar with a statutory declaration stating that the information is necessary to provide the notice required under this section.

Definitions

12(4)

The following definitions apply in subsection (3).

"owner" includes the registered owner, if different from the legal owner. (« propriétaire »)

"registrar" means the registrar of Motor Vehicles appointed under section 3 of The Drivers and Vehicles Act. (« registraire »)

THE HIGHWAY TRAFFIC ACT

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

18(1)

The Highway Traffic Act is amended by this section.

18(2)

Subsection 94.3(1) is replaced with the following:

Minister may fix speed limit

94.3(1)

The minister may, by regulation,

(a) fix a speed limit for any geographic area, highway or portion of a highway for which the minister is the responsible traffic authority; and

(b) at the request of a traffic authority other than the minister, fix a speed limit of more than 90 km/h for any geographic area, highway or portion of a highway for which that traffic authority is responsible.

18(3)

Subsection 94.3(3) is replaced with the following:

Speed limit fixed by minister prevails

94.3(3)

A speed limit established under clause (1)(b) prevails over any speed limit established under subsection (2).

18(4)

Subsection 94.3(4) is amended by striking out "any of subsections (1) to (3)" and substituting "subsection (1) or (2)".

THE PLANNING ACT

C.C.S.M. c. P80 amended

19(1)

The Planning Act is amended by this section.

19(2)

Subsection 132(4) is replaced with the following:

Certificate valid for 24 months

132(4)

A certificate of approval issued after subsection (4.1) comes into force is valid for 24 months after the day it is issued.

Transitional — extension of 12-month certificate

132(4.1)

While a certificate of approval issued before the coming into force of this subsection remains valid, it may be extended by the approving authority for one additional period of 12 months.

19(3)

Subsection 148(3) is amended, in the part before clause (a), by striking out "125 days" and substituting "90 days".

19(4)

Clause 167(f) is amended by adding "by its civic address or legal description" at the end.

Transitional

19(5)

An application for a development permit made before the coming into force of subsection (3) must be dealt with under subsection 148(3) of The Planning Act, as that subsection read immediately before the coming into force of subsection (3).

THE STATUTES AND REGULATIONS ACT

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

20(1)

The Statutes and Regulations Act is amended by this section.

20(2)

Subsection 22(2) is amended by adding "The Committee must begin considering a copy of the regulation within 120 days after it is tabled in the Assembly." at the end.

20(3)

Section 34.6 and clause 34.9(1)(c) are repealed.

20(4)

The following is added after Part 6.1:

PART 6.2

REPEAL OF ACTS NOT IN FORCE

Annual report of Acts not in force

34.10(1)

The minister must table in the Assembly, no later than May 1 of each year, a report listing every Act or provision of an Act that

(a) is to come into force on a day fixed or to be fixed by proclamation;

(b) was enacted at least nine years or more before March 31 of that year; and

(c) was not in force on March 31 of that year.

Automatic repeal

34.10(2)

Every Act or provision listed in the annual report is repealed on March 31 of the year following the year in which the report was tabled, unless

(a) the Act or provision comes into force on or before that date; or

(b) before that date, the Assembly adopts a resolution that the Act or provision listed in the report not be repealed.

Publication of repealed Acts

34.10(3)

The minister must, no later than October 1 of each year, publish a notice of every Act or provision repealed under this section on the Manitoba Laws website.

Exception for Regulated Health Professions Act

34.10(4)

This section does not apply to The Regulated Health Professions Act or an Act or part of an Act set out in Schedule 2 of that Act.

THE WILDLIFE ACT

C.C.S.M. c. W130 amended

21(1)

The Wildlife Act is amended by this section.

21(2)

Subsection 40(1) is amended

(a) by striking out "or" at the end of clause (a);

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

(b) subject to subsections (2) and (3), spear, break, destroy or remove a muskrat house, beaver lodge or beaver dam; or

(c) in clause (c), by striking out "subsections (2) to (4)" and substituting "subsections (2) and (3)".

21(3)

Subsection 40(3) is amended by adding "or remove" after "destroy".

21(4)

Subsections 40(4) to (7) are repealed.

21(5)

The following is added after section 40:

Landowner removal of beaver dams

40.1(1)

The owner of private land, or a person authorized by the owner, may destroy or remove a beaver dam or beaver lodge and any associated debris that is located within the boundaries of the owner's land, subject to any conditions or requirements established by regulation.

Application to municipal lands

40.1(2)

For certainty, subsection (1) applies to lands owned by a municipality or local government district, or an incorporated community as defined in The Northern Affairs Act.

21(6)

Subsection 46(1) is amended by striking out "land leased from the Crown" and substituting "leased agricultural Crown land".

21(7)

Section 90 is amended

(a) by adding the following after clause (k.1):

(k.2) respecting the destruction or removal of beaver dams and lodges under section 40.1, including

(i) requiring notice to be given to prescribed persons,

(ii) authorizing the killing of beavers associated with the dam or lodge, and

(iii) specifying who has the property in any beavers that may be killed and the disposition of those beavers;

(b) by repealing clause (mm.1).

COMING INTO FORCE

Coming into force: royal assent

22(1)

Subject to this section, this Act comes into force on the day it receives royal assent.

Coming into force: section 5 and subsection 20(2)

22(2)

Section 5 and subsection 20(2) come into force on a day to be fixed by proclamation.

Coming into force: sections 6 and 7

22(3)

Sections 6 and 7 come into force 90 days after the day this Act receives royal assent.

Coming into force: subsection 20(4)

22(4)

Subsection 20(4) comes into force on December 1, 2021.

Coming into force: section 21

22(5)

Section 21 comes into force on July 1, 2021.