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S.M. 2022, c. 20

Bill 26, 4th Session, 42nd Legislature

The Officers of the Assembly Act (Various Acts Amended)

Explanatory Note

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

This Bill amends various Acts with respect to the appointment of the following officers of the Assembly:

the Advocate for Children and Youth;

the Auditor General;

the Chief Electoral Officer;

the Clerk of the Assembly;

the Conflict of Interest Commissioner (to be replaced by the Ethics Commissioner);

the Information and Privacy Adjudicator;

the Ombudsman;

the registrar appointed under The Lobbyists Registration Act.

Currently, these officers are appointed by the Lieutenant Governor in Council on the recommendation of a committee of the Assembly. Their remuneration is also determined by the Lieutenant Governor in Council.

As a result of the amendments, the officers (other than the Clerk of the Assembly) are appointed by the Assembly on the recommendation of the Standing Committee on Legislative Affairs. The Clerk's appointment is on the recommendation of the Legislative Assembly Management Commission.

The officers' remuneration is to be determined by the Legislative Assembly Management Commission. The officers may appoint their deputies with prior approval of that commission.

The current officers of the Assembly and their deputies continue in office on the coming into force of the Act.

Amendments are made to The Legislative Assembly Management Commission Act and five other Acts.

(Assented to June 1, 2022)

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

ADVOCATE FOR CHILDREN AND YOUTH

C.C.S.M. c. A6.7 amended

1(1)

The Advocate for Children and Youth Act is amended by this section.

1(2)

The French version of the fifth paragraph of the preamble is amended by striking out "fonctionnaire" and substituting "haut fonctionnaire".

1(3)

Subsection 2(1) is replaced with the following:

Appointment of Advocate for Children and Youth

2(1)

A person shall be appointed as the Advocate for Children and Youth by resolution of the Assembly.

Committee recommendation required

2(1.1)

A person may be appointed as the Advocate only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs.

1(4)

Subsection 2(2) is amended

(a) in the part before clause (a), by striking out "position" and substituting "office"; and

(b) in the part after clause (b), by striking out "position and make recommendations to the President of the Executive Council" and substituting "office and make a recommendation to the Assembly".

1(5)

Subsection 3(1) of the French version is amended

(a) by replacing the section heading with "Haut fonctionnaire de l'Assemblée"; and

(b) by adding "haut" before "fonctionnaire".

1(6)

Subsection 5(1) is replaced with the following:

Remuneration

5(1)

Subject to this section, the salary and benefits of the Advocate are to be determined by the Legislative Assembly Management Commission.

1(7)

Subsection 5(2) of the French version is replaced with the following:

Réduction du traitement

5(2)

Seule l'Assemblée peut, par une résolution adoptée aux deux tiers des suffrages exprimés, réduire le traitement du protecteur.

1(8)

Subsections 7(2) and (3) are replaced with the following:

Suspension or removal

7(2)

The Advocate may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.

Suspension if Assembly not sitting

7(3)

If the Assembly is not sitting, the Speaker may, with the prior approval of the Legislative Assembly Management Commission, suspend the Advocate for cause.

1(9)

Section 8 is replaced with the following:

Deputy Advocate

8(1)

On the recommendation of the Advocate and with the prior approval of the Legislative Assembly Management Commission, a Deputy Advocate may be appointed under section 58 of The Public Service Act.

Experience working with Indigenous children, young adults and families

8(2)

Before seeking the commission's approval for the appointment of a person as Deputy Advocate, the Advocate must consider the person's understanding of and experience working with Indigenous children and young adults and their families in Manitoba.

Powers and responsibilities

8(3)

If the Advocate is absent or unable to act or if the office is vacant, the Deputy Advocate has the powers and responsibilities of the Advocate.

Salary in certain cases

8(4)

If the Deputy Advocate has assumed the Advocate's responsibilities for an extended period, the Legislative Assembly Management Commission may, by resolution, direct that the Deputy be paid a salary within the same range as the Advocate's salary.

No other public office

8(5)

The Deputy Advocate may not hold any other public office or engage in any partisan political activity.

1(10)

The centred heading before section 9 and section 9 are repealed.

AUDITOR GENERAL

C.C.S.M. c. A180 amended

2(1)

The Auditor General Act is amended by this section.

2(2)

Section 2 is replaced with the following:

Auditor General

2(1)

The Auditor General is an officer of the Assembly.

Role

2(2)

The Auditor General is to provide the Assembly with independent information, advice and assurance under this Act, but nothing in this Act is to be interpreted as entitling the Auditor General to question the merits of policy objectives of the government.

2(3)

Subsection 3(1) is renumbered as subsection 3(3) and is amended

(a) in the part before clause (a), by striking out "position" and substituting "office"; and

(b) in the part after clause (b), by striking out "position and make recommendations to the President of the Executive Council" and substituting "office and make a recommendation to the Assembly".

2(4)

The following is added as subsections 3(1) and (2):

Appointment of Auditor General

3(1)

A person shall be appointed as the Auditor General by resolution of the Assembly.

Committee recommendation required

3(2)

A person may be appointed as Auditor General only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs.

2(5)

Subsection 5(1) is replaced with the following:

Remuneration

5(1)

Subject to this section, the salary and benefits of the Auditor General are to be determined by the Legislative Assembly Management Commission.

2(6)

Section 7 is replaced with the following:

Suspension or removal

7(1)

The Auditor General may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.

Suspension if Assembly not sitting

7(2)

If the Assembly is not sitting, the Speaker may, with the prior approval of the Legislative Assembly Management Commission, suspend the Auditor General for cause.

Length of suspension

7(3)

A suspension under subsection (2) ends no later than 30 sitting days of the Assembly after the suspension came into effect.

2(7)

Subsections 8(1) to (3) are replaced with the following:

Deputy Auditor General

8(1)

On the recommendation of the Auditor General and with the prior approval of the Legislative Assembly Management Commission, a Deputy Auditor General may be appointed under section 58 of The Public Service Act.

Powers and responsibilities

8(2)

If the Auditor General is absent or unable to act or if the office is vacant, the Deputy Auditor General has the powers and responsibilities of the Auditor General.

Salary in certain cases

8(3)

If the Deputy Auditor General has assumed the Auditor General's responsibilities for an extended period, the Legislative Assembly Management Commission may, by resolution, direct that the Deputy be paid a salary within the same range as the Auditor General's salary.

CHIEF ELECTORAL OFFICER

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

3(1)

The Elections Act is amended by this section.

3(2)

Section 22 is amended

(a) in the part before clause (a), by striking out "position" and substituting "office"; and

(b) in the part after clause (b), by striking out "position and make recommendations to the President of the Executive Council" and substituting "office and make a recommendation to the Assembly".

3(3)

Section 23 is replaced with the following:

Appointment of chief electoral officer

23(1)

A person shall be appointed as chief electoral officer by resolution of the Assembly.

Committee recommendation required

23(2)

A person may be appointed as the chief electoral officer only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs.

Officer of the Assembly

23(3)

The chief electoral officer is an officer of the Assembly.

3(4)

The following is added after section 23:

Term of office

23.1(1)

The term of office for the chief electoral officer is from the date of appointment until 12 months after the date of the return of the last writ for the second general election for which the chief electoral officer is responsible.

Reappointment

23.1(2)

A person may be reappointed as chief electoral officer.

Application

23.1(3)

Subsection (1) applies only to a person appointed or reappointed as chief electoral officer after the coming into force of this section.

3(5)

Subsection 24(1) is replaced with the following:

Remuneration

24(1)

Subject to this section, the salary and benefits of the chief electoral officer are to be determined by the Legislative Assembly Management Commission.

3(6)

Subsections 26(1) and (2) are replaced with the following:

Suspension or removal

26(1)

The chief electoral officer may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.

Suspension if Assembly not sitting

26(2)

If the Assembly is not sitting, the Speaker may, with the prior approval of the Legislative Assembly Management Commission, suspend the chief electoral officer for cause.

3(7)

Subsection 31(1) is replaced with the following:

Deputy CEO

31(1)

On recommendation of the chief electoral officer and with the prior approval of the Legislative Assembly Management Commission, a deputy chief electoral officer may be appointed under section 58 of The Public Service Act.

3(8)

The following is added after subsection 31(2):

Salary in certain cases

31(2.1)

If the deputy chief electoral officer has assumed the chief electoral officer's responsibilities for an extended period, the Legislative Assembly Management Commission may, by resolution, direct that the deputy be paid a salary within the same range as the chief electoral officer's salary.

Staff

31(2.2)

Officers and employees necessary to enable the chief electoral officer to perform the duties of their office must be appointed under section 58 of The Public Service Act.

INFORMATION AND PRIVACY ADJUDICATOR

C.C.S.M. c. F175 amended

4(1)

The Freedom of Information and Protection of Privacy Act is amended by this section.

4(2)

Subsection 1(1) of the French version is amended

(a) by repealing the definition "fonctionnaire de l'Assemblée législative";

(b) by adding the following definition:

« haut fonctionnaire de l'Assemblée » Le président de l'Assemblée législative, le greffier de l'Assemblée législative, le directeur général des élections, l'ombudsman, le protecteur des enfants et des jeunes, le vérificateur général, le registraire nommé en application de la Loi sur l'inscription des lobbyistes, l'arbitre en matière d'accès à l'information et de protection de la vie privée nommé sous le régime de la présente loi ainsi que le commissaire nommé en application de la Loi sur les conflits d'intérêts au sein de l'Assemblée législative et du Conseil exécutif. ("officer of the Legislative Assembly")

(c) in clause (g) of the definition of "organisme public", by striking out "fonctionnaires de l'Assemblée législative" and substituting "hauts fonctionnaires de l'Assemblée".

4(3)

Clause 4(e) of the French version is amended by striking out "fonctionnaires de l'Assemblée législative" and substituting "hauts fonctionnaires de l'Assemblée".

4(4)

Clause 44(1)(w) of the French version is amended by striking out "fonctionnaire de l'Assemblée législative" and substituting "haut fonctionnaire de l'Assemblée".

4(5)

Subsection 58.1(1) is replaced with the following:

Appointment of Information and Privacy Adjudicator

58.1(1)

A person shall be appointed as the Information and Privacy Adjudicator by resolution of the Assembly.

Committee recommendation required

58.1(1.0.1)   A person maybe appointed as the adjudicator only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs.

Officer of the Assembly

58.1(1.0.2)   The adjudicator is an officer of the Assembly.

4(6)

Subsection 58.1(1.1) is amended

(a) in the part before clause (a), by striking out "position" and substituting "office"; and

(b) in the part after clause (b), by striking out "position and make recommendations to the President of the Executive Council" and substituting "office and make a recommendation to the Assembly".

4(7)

The following is added after subsection 58.1(1.1):

Remuneration

58.1(1.2)

The salary and benefits of the adjudicator are to be determined by the Legislative Assembly Management Commission.

No reduction of salary

58.1(1.3)

The salary of the adjudicator must not be reduced except by a resolution of the Assembly carried by a vote of 2/3 of the members voting.

4(8)

Section 58.2 is replaced with the following:

Suspension or removal

58.2(1)

The adjudicator may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.

Suspension if Assembly not sitting

58.2(2)

If the Assembly is not sitting, the Speaker may, with the prior approval of the Legislative Assembly Management Commission, suspend the adjudicator for cause.

Length of suspension

58.2(3)

A suspension under subsection (2) ends no later than 30 sitting days of the Assembly after the suspension came into effect.

4(9)

Subsection 58.3(1) is replaced with the following:

Deputy adjudicator

58.3(1)

On the recommendation of the adjudicator and with the prior approval of the Legislative Assembly Management Commission, a deputy adjudicator may be appointed under section 58 of The Public Service Act.

Powers and duties

58.3(1.1)

If the adjudicator is absent or unable to act or if the office is vacant, the deputy adjudicator has the powers and duties of the adjudicator.

Salary in certain cases

58.3(1.2)

If the deputy adjudicator has assumed the adjudicator's powers and duties for an extended period, the Legislative Assembly Management Commission may, by resolution, direct that the deputy be paid a salary within the same range as the adjudicator's salary.

CLERK OF THE ASSEMBLY

C.C.S.M. c. L110 amended

5(1)

The Legislative Assembly Act is amended by this section.

5(2)

Section 1 is amended by adding the following definition:

"management commission" means the Legislative Assembly Management Commission continued under The Legislative Assembly Management Commission Act; (« Commission de régie »)

5(3)

The following is added after section 33 and before the centred heading that follows it:

THE CLERK OF THE ASSEMBLY

Appointment of Clerk of the Assembly

33.1(1)

A person shall be appointed as the Clerk of the Assembly by resolution of the Assembly.

Committee recommendation required

33.1(2)

A person may be appointed as the Clerk only if the appointment has been recommended by the management commission.

Appointment process

33.1(3)

If at any time the office of Clerk

(a) will become vacant within six months because the Clerk has resigned; or

(b) has become vacant for any other reason;

the Speaker must, within one month after that time, convene a meeting of the management commission and the management commission must, within six months after that time, consider candidates for the office and make recommendations to the Assembly.

Officer of the Assembly

33.2(1)

The Clerk is an officer of the Assembly.

No other public office

33.2(2)

The Clerk may not hold any other public office or engage in any partisan political activity.

Remuneration

33.3(1)

Subject to this section, the salary and benefits of the Clerk are to be determined by the management commission.

No reduction of salary

33.3(2)

The Clerk's salary must not be reduced except on a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.

Civil Service Superannuation Act applies

33.4

The Clerk is an employee within the meaning of The Civil Service Superannuation Act.

Suspension or removal

33.5(1)

The Clerk may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.

Suspension if Assembly not sitting

33.5(2)

If the Assembly is not sitting, the Speaker may, with the prior approval of the management commission, suspend the Clerk for cause.

Length of suspension

33.5(3)

A suspension under subsection (2) ends no later than 30 sitting days of the Assembly after the suspension came into effect.

Deputy Clerk

33.6(1)

On the recommendation of the Clerk and with the prior approval of the management commission, a Deputy Clerk may be appointed in accordance with section 8 of The Legislative Assembly Management Commission Act.

Powers and duties

33.6(2)

If the Clerk is absent or unable to act or if the office is vacant, the Deputy Clerk has the powers and duties of the Clerk.

Salary in certain cases

33.6(3)

If the Deputy Clerk has assumed the Clerk's responsibilities for an extended period, the management commission may, by resolution, direct that the Deputy be paid a salary within the same range as the Clerk's salary.

No other public office

33.6(4)

The Deputy Clerk may not hold any other public office or engage in any partisan political activity.

5(4)

Section 52.6 is amended by repealing the definition "management commission".

CONFLICT OF INTEREST COMMISSIONER

C.C.S.M. c. L112 amended

6(1)

The Legislative Assembly and Executive Council Conflict of Interest Act is amended by this section.

6(2)

Subsection 19.5(1) is replaced with the following:

Appointment of Conflict of Interest Commissioner

19.5(1)

A person shall be appointed as the Conflict of Interest Commissioner by resolution of the Assembly.

Committee recommendation required

19.5(1.0.1)    A person may be appointed as commissioner only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs.

Officer of the Assembly

19.5(1.0.2)    The commissioner is an officer of the Assembly.

Commissioner is part-time

19.5(1.0.3)    The commissioner is to be appointed on a part-time basis.

6(3)

Subsection 19.5(1.1) is amended

(a) in the part before clause (a), by striking out "position" and substituting "office"; and

(b) in the part after clause (b), by striking out "position and make recommendations to the President of the Executive Council" and substituting "office and make a recommendation to the Assembly".

6(4)

The following is added after subsection 19.5(1.1):

Remuneration

19.5(1.2)

Subject to subsection (1.3), the salary and benefits of the commissioner are to be determined by the Legislative Assembly Management Commission.

No reduction of salary

19.5(1.3)

The commissioner's salary must not be reduced except on a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.

LOBBYIST REGISTRAR

C.C.S.M. c. L178 amended

7(1)

The Lobbyists Registration Act is amended by this section.

7(2)

Subsection 11(1) is replaced with the following:

Appointment of registrar

11(1)

A person shall be appointed as the registrar by resolution of the Assembly.

7(3)

Subsection 11(2) is amended by striking out "independent officers of the Assembly or the commissioner under The Legislative Assembly and Executive Council Conflict of Interest Act" and substituting "officers of the Assembly listed under clause 6(1)(b) of The Legislative Assembly Management Commission Act".

7(4)

The following is added as subsection 11(4):

Remuneration

11(4)

The salary and benefits of the registrar are to be determined by the Legislative Assembly Management Commission.

7(5)

The following is added after section 11:

Deputy Registrar

11.1(1)

The registrar may, with the prior approval of the Legislative Assembly Management Commission, appoint a deputy registrar.

Requirement for appointment

11.1(2)

The person appointed as a deputy registrar must meet the requirement under subsection 11(2) to be appointed as the registrar.

Powers and duties

11.1(3)

If the registrar is absent or unable to act or if the office is vacant, the deputy registrar has the powers and duties of the registrar.

Salary in certain cases

11.1(4)

If the deputy registrar has assumed the registrar's powers and duties for an extended period, the Legislative Assembly Management Commission may, by resolution, direct that the deputy registrar be paid a salary within the same range as the registrar's salary.

OMBUDSMAN

C.C.S.M. c. O45 amended

8(1)

The Ombudsman Act is amended by this section.

8(2)

Subsection 2(1) is replaced with the following:

Appointment of Ombudsman

2(1)

A person shall be appointed as Ombudsman by resolution of the Assembly.

Committee recommendation required

2(1.1)

A person may be appointed as Ombudsman only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs.

8(3)

Subsection 2(2) is amended

(a) in the part before clause (a), by striking out "position" and substituting "office"; and

(b) in the part after clause (b), by striking out "position and make recommendations to the President of the Executive Council" and substituting "office and make a recommendation to the Assembly".

8(4)

Subsection 3(1) is amended, in the section heading and the section, by striking out "Legislature" and substituting "Assembly".

8(5)

Sections 5 and 6 are replaced with the following:

Suspension or removal

5

The Ombudsman may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.

Suspension if Assembly not sitting

6(1)

If the Assembly is not sitting, the Speaker may, with the prior approval of the Legislative Assembly Management Commission, suspend the Ombudsman for cause.

Length of suspension

6(2)

A suspension under subsection (1) ends no later than 30 sitting days of the Assembly after the suspension came into effect.

8(6)

Subsection 7(1) is replaced with the following:

Remuneration

7(1)

Subject to this section, the salary and benefits of the Ombudsman are to be determined by the Legislative Assembly Management Commission.

8(7)

Subsection 7(2) of the French version is replaced with the following:

Réduction du traitement

7(2)

Le traitement de l'ombudsman ne peut être réduit que par une résolution de l'Assemblée adoptée par les deux tiers des députés participant au vote.

8(8)

The following is added after section 8:

Deputy Ombudsman

8.1(1)

On the recommendation of the Ombudsman and with the prior approval of the Legislative Assembly Management Commission, a Deputy Ombudsman may be appointed under section 58 of The Public Service Act.

Powers and duties

8.1(2)

If the Ombudsman is absent or unable to act or if the office is vacant, the Deputy Ombudsman has the powers and duties of the Ombudsman.

Salary in certain cases

8.1(3)

If the Deputy Ombudsman has assumed the Ombudsman's powers and duties for an extended period, the Legislative Assembly Management Commission may, by resolution, direct that the deputy be paid a salary within the same range as the Ombudsman's salary.

No other public office

8.1(4)

The Deputy Ombudsman may not hold any other public office or engage in any partisan political activity.

ETHICS COMMISSIONER

S.M. 2021, c. 23 (unproclaimed provision amended)

9(1)

The Conflict of Interest (Members and Ministers) and Related Amendments Act, S.M. 2021, c. 23, is amended by this section.

9(2)

Subsection 33(1) is replaced with the following:

Appointment of Ethics Commissioner

33(1)

A person shall be appointed as the Ethics Commissioner by resolution of the Assembly.

Committee recommendation required

33(1.1)

A person may be appointed as commissioner only if the appointment has been recommended by the Standing Committee of the Assembly on Legislative Affairs.

Ethics Commissioner

33(1.2)

The Ethics Commissioner is an officer of the Assembly.

9(3)

Subsection 33(3) is replaced with the following:

Remuneration

33(3)

Subject to subsection (4), the salary and benefits of the commissioner are to be determined by the Legislative Assembly Management Commission.

No reduction of salary

33(4)

The commissioner's salary must not be reduced except on a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.

9(4)

Section 34 is amended

(a) in the part before clause (a), by striking out "position" and substituting "office"; and

(b) in the part after clause (b), by striking out "position and make recommendations to the President of the Executive Council" and substituting "office and make a recommendation to the Assembly".

9(5)

Section 35 is replaced with the following:

Suspension or removal

35(1)

The commissioner may be suspended or removed from office by a resolution of the Assembly carried by a vote of 2/3 of the members voting in the Assembly.

Suspension if Assembly not sitting

35(2)

If the Assembly is not sitting, with the prior approval of the Legislative Assembly Management Commission, the Speaker may suspend the commissioner for cause or incapacity.

Length of suspension

35(3)

A suspension under subsection (2) ends no later than 30 sitting days of the Assembly after the suspension came into effect.

9(6)

Subsection 36(1) is replaced with the following:

Acting commissioner

36(1)

With the prior approval of the Legislative Assembly Management Commission, the Speaker may appoint an acting commissioner if the office of commissioner is vacant or if the commissioner is suspended or is absent for an extended period because of illness or another reason.

RELATED AND CONSEQUENTIAL AMENDMENTS

Related amendments, C.C.S.M. c. L114

10(1)

The Legislative Assembly Management Commission Act is amended by this section.

10(2)

Section 6 is renumbered as subsection 6(1) and is amended

(a) in clause (b), by striking out everything after "Assembly offices" and substituting "and for the Advocate for Children and Youth, the Auditor General, the Chief Electoral Officer, the Conflict of Interest Commissioner appointed under The Legislative Assembly and Executive Council Conflict of Interest Act, the Information and Privacy Adjudicator appointed under The Freedom of Information and Protection of Privacy Act, the Ombudsman and the registrar appointed under The Lobbyists Registration Act, and their respective offices;

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

(b.1) is responsible for determining the salary and benefits of

(i) the Advocate for Children and Youth in accordance with section 5 of The Advocate for Children and Youth Act,

(ii) the Auditor General in accordance with section 5 of The Auditor General Act,

(iii) the Chief Electoral Officer in accordance with section 24 of The Elections Act,

(iv) the Clerk of the Assembly in accordance with section 33.3 of The Legislative Assembly Act,

(v) the Conflict of Interest Commissioner in accordance with section 19.5 of The Legislative Assembly and Executive Council Conflict of Interest Act,

(vi) the Information and Privacy Adjudicator in accordance with section 58.1 of The Freedom of Information and Protection of Privacy Act,

(vii) the Ombudsman in accordance with section 7 of The Ombudsman Act, and

(viii) the registrar in accordance with section 11 of The Lobbyists Registration Act;

10(3)

The following is added as subsection 6(2):

Agreements concerning officers of the Assembly

6(2)

For the purpose of clause (1)(b.1), the commission may approve the salary and benefits to be received by an officer of the Assembly and the periods during which a deputy of an officer may be paid a salary within the range of the officer.

Consequential amendment, C.C.S.M. c. E80

11(1)

The Emergency Measures Act is amended by this section.

11(2)

Subsection 12.15(1) is amended by striking out "independent".

11(3)

Subsection 12.15(4) of the English version is amended by striking out "independent".

11(4)

The following is added after subsection 12.15(5):

Meaning of "officer of the Assembly"

12.15(6)

In subsection (1), "officer of the Assembly" means an officer referred to in clause 6(1)(b.1) of The Legislative Assembly Management Commission Act.

Consequential amendment, C.C.S.M. c. Q10

12(1)

The Queen's Printer Act is amended by this section.

12(2)

Section 9 is renumbered as subsection 9(1) and is amended by striking out "independent".

12(3)

The following is added as subsection 9(2):

Meaning of "officer of the Assembly"

9(2)

In subsection (1), "officer of the Assembly" means an officer referred to in clause 6(1)(b.1) of The Legislative Assembly Management Commission Act.

Consequential amendment, C.C.S.M. c. P271

13(1)

The Public Service Act is amended by this section.

13(2)

Subsection 1(1) is amended

(a) by repealing the definition "officer of the Legislature"; and

(b) by adding the following definition:

"officer of the Assembly" means an officer of the Assembly referred to in subsection 58(1). (« haut fonctionnaire de l'Assemblée »)

13(3)

Subsection 3(4) is amended by striking out "Legislature" and substituting "Assembly".

13(4)

Section 56 is repealed.

13(5)

Section 58 is amended by striking out "Legislature" wherever it occurs and substituting "Assembly".

Consequential amendment, C.C.S.M. c. R65

14(1)

The Regulatory Accountability Act is amended by this section.

14(2)

The definition "regulation" in section 1 is amended by striking out everything after "educational institution" and substituting "or an officer of the Assembly referred to in clause 6(1)(b.1) of The Legislative Assembly Management Commission Act.".

Consequential amendment, C.C.S.M. c. S207

15(1)

The Statutes and Regulations Act is amended by this section.

15(2)

The definition "regulation" in subsection 34.1(1) is amended by striking out everything after "educational institution" and substituting "or an officer of the Assembly referred to in clause 6(1)(b.1) of The Legislative Assembly Management Commission Act.".

Conditional amendment, S.M. 2021, c. 23 (unproclaimed)

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On the coming into force of The Conflict of Interest (Members and Ministers) Act, S.M. 2021, c. 23, subclause 6(1)(b.1)(v) of The Legislative Assembly Management Commission Act, as enacted by subsection 10(2) of this Act, is replaced with the following:

(v) the Ethics Commissioner appointed under The Conflict of Interest (Members and Ministers) Act,

TRANSITIONAL

Definitions

17(1)

The following definitions apply in this section.

"acting officer" means a person who held office as an acting officer of the Assembly immediately before the coming into force of this Act. (« haut fonctionnaire par intérim »)

"amended Act", in relation to an incumbent or acting officer, means the Act under which they were appointed as amended by this Act. (« loi modifiée »)

"former Act", in relation to an incumbent or acting officer, means the Act under which they were appointed, as it read immediately before the coming into force of this section. (« loi antérieure »)

"incumbent" means a person who held office as an officer of the Assembly, or as the deputy of such an officer, immediately before the coming into force of this section. (« haut fonctionnaire »)

"officer of the Assembly" means any of the following:

(a) the Advocate under The Advocate for Children and Youth Act;

(b) the Auditor General under The Auditor General Act;

(c) the chief electoral officer under The Elections Act;

(d) the Information and Privacy Adjudicator under The Freedom of Information and Protection of Privacy Act;

(e) the Conflict of Interest Commissioner under The Legislative Assembly and Executive Council Conflict of Interest Act;

(f) the Ombudsman under The Ombudsman Act;

(g) the registrar under The Lobbyists Registration Act;

(h) the Clerk of the Legislative Assembly under The Public Service Act. (« haut fonctionnaire de l'Assemblée »)

Incumbent continues in office

17(2)

On the coming into force of this Act,

(a) an incumbent continues to hold the office to which they were appointed under the former Act as if they had been appointed under the amended Act, but only for a term that expires when the person's term would have expired under the former Act;

(b) an incumbent's salary and benefits are continued on the same terms and conditions as under the former Act; and

(c) subject to clauses (a) and (b), the amended Act applies to the incumbent as if they had been appointed under the amended Act.

Acting officer continues in office

17(3)

On the coming into force of this Act,

(a) an acting officer continues to hold office as the acting officer under the terms of their appointment under the former Act;

(b) the provisions of the former Act continue to apply to their appointment and term of office; and

(c) the amended Act applies to their suspension or removal from office as if they had been appointed as an officer of the Assembly under the amended Act.

Adjustments in remuneration

17(4)

Within six months after this section comes into force, the Legislative Assembly Management Commission may approve a payment to an incumbent that is equivalent to an adjustment in the incumbent's remuneration under a former Act if the Commission determines that an adjusted amount was required to be paid.

COMING INTO FORCE

Coming into force

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This Act comes into force on the day it receives royal assent.