The Budget Implementation and Tax Statutes Amendment Act, 2022

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S.M. 2022, c. 45

Bill 45, 4th Session, 42nd Legislature

The Budget Implementation and Tax Statutes Amendment Act, 2022

Explanatory Note

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

This Bill implements various tax and other measures announced in the 2022 Manitoba Budget. Additional amendments implement and support the summary budget and make various amendments to tax legislation.

Amendments to tax statutes

The changes to tax statutes include the following:

Fuel Tax (Part 1)

effective May 1, 2022, exempting fuel from tax if the fuel is used only off-road in peat harvesting operations [s. 2]

Health and Post Secondary Education Tax Levy Act (Part 2)

increasing the threshold for an exemption from the levy to $2,000,000 and the threshold at which the basic tax rate applies to $4,000,000 [s. 4 and 5]

Income Tax (Part 3)

clarifying the amount of non-refundable tax credits that may be claimed by a multi-jurisdictional filer [s. 7(a)]

clarifying how split income is calculated for the purpose of the Act [s. 7(b) and 8]

restricting the education property tax credit to owners and providing a new renters tax credit to tenants [s. 9(1)(a) and (b) and 9(2) to 15]

repealing outdated provisions [s. 9(1)(c) and 16]

implementing the affordability tax credits [s. 17]

clarifying which documents are required to accompany an application for the film and video production tax credit [s. 18]

making the community enterprise development tax credit permanent [s. 19]

making the small business venture capital tax credit permanent and clarifying the regulation-making power with respect to flow-through entities [s. 20 and 21]

clarifying the deadline to file information respecting the research and development tax credit in 2020 [s. 22]

Mining Tax (Part 4)

allowing a major expansion of an existing mine to be eligible for the tax holiday without the approval of the Lieutenant Governor in Council [s. 24 to 32(1)]

allowing a major expansion or modernization of a processing facility to be eligible for an additional processing allowance without the approval of the Lieutenant Governor in Council [s. 32(2)]

Property Tax and Insulation Assistance Act (Part 5)

eliminating the authority to increase school tax rebates by regulation and repealing the General School Tax Rebate Regulation [s. 34, 37 and 39]

clarifying that the Minister of Finance is the minister responsible in relation to any overpayment of rebates [s. 35]

providing for a statutory appropriation for school tax rebates paid under Part II.1 [s. 36]

making a consequential amendment related to the implementation of the renters tax credit under The Income Tax Act [s. 38]

Retail Sales Tax (Part 6)

requiring an operator of an online sales platform to collect and remit tax on sales of taxable services made by means of the platform [s. 40 to 45]

suspending until April 1, 2022, the requirement that an operator of an online sales platform remit tax on sales of tangible personal property made by means of the platform and permitting the minister to refund amounts remitted but not collected from December 1, 2021 to March 31, 2022 [s. 46]

Tax Administration and Miscellaneous Taxes (Part 7)

clarifying when information obtained under a tax Act may be disclosed and permitting the disclosure of confidential information

for the purpose of confirming that a person is registered under a tax Act

to a government department or agency for policy, research and analysis purposes and for the administration of a benefit, program or service [s. 48]

Other amendments (Part 8)

The changes to implement budget measures and support increased accountability under the summary budget include the following:

Efficiency Manitoba Act [Division 1]

extending the efficiency plan that came into effect on April 1, 2020 to March 31, 2024, and authorizing the minister to extend an efficiency plan for a one-year period [s. 50 to 53]

Manitoba Hydro Act [Division 2]

allowing for federal contributions to a Manitoba Hydro capital project to be paid to the province and allowing the province to pay those contributions to Manitoba Hydro [s. 55]

Manitoba Public Insurance Corporation Act [Division 3]

providing a scheme for establishing, achieving and maintaining capital reserve targets in the statute and repealing the Reserves Regulation [s. 57 and 58]

The Special Operating Agencies Financing Authority Act [Division 4]

renaming the Act as The Special Operating Agencies Act [s. 60]

dissolving the Special Operating Agencies Financing Authority [s. 61 to 71 and 74]

making consequential amendments to The Electronic Commerce and Information Act and The Vital Statistics Act [s. 72 and 73]

Miscellaneous [Division 5]

authorizing board members of the Manitoba Film and Sound Recording Development Corporation, a government agency, to be remunerated at rates set by the Lieutenant Governor in Council [s. 75]

validating an amendment to the Securities Regulation to authorize certain filing fees that must be paid by international dealers and advisors to the Manitoba Securities Commission and to validate the fees required to be paid since October 12, 2018 [s. 76]

(Assented to November 3, 2022)

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

PART 1

THE FUEL TAX ACT

C.C.S.M. c. F192 amended

1   The Fuel Tax Act is amended by this Part.

2   The following is added after clause 9(1)(g):

Peat harvesting

(g.1) by the holder of a valid peat harvesting licence under The Peatlands Stewardship Act and for use only in operating an engine exclusively off-road in the course of harvesting peat or any of the following associated activities:

(i) preparing peatlands for harvesting,

(ii) constructing or maintaining a peat harvesting road,

(iii) transporting peat within a peatland or from a peatland to a processing facility,

(iv) activities carried out under a peatland management plan approved under that Act,

(v) restoring, rehabilitating or reclaiming peatlands under a peatland recovery plan approved under that Act;

PART 2

THE HEALTH AND POST SECONDARY EDUCATION TAX LEVY ACT

C.C.S.M. c. H24 amended

3   The Health and Post Secondary Education Tax Levy Act is amended by this Part.

4(1)   Subsection 3(3.10) is amended in the formula in clause (a), and in clauses (c) and (f), by striking out "$1,750,000" and substituting "$2,000,000".

4(2)   Subsection 3(3.12) is amended by striking out "$1,750,000" and substituting "$2,000,000".

4(3)   Subsection 3(3.14) is amended

(a) by striking out "$1,750,000" wherever it occurs and substituting "$2,000,000"; and

(b) by striking out "$3,500,000" and substituting "$4,000,000".

4(4)   Subsection 3(3.16) is amended in the formula in clause (a), and in clauses (b) and (f), by striking out "$1,750,000" and substituting "$2,000,000".

5(1)   Subsection 3.2(2) is amended

(a) in the section heading and in the part before the formula, by striking out "$3,500,000" and substituting "$4,000,000"; and

(b) in the formula, by striking out "$1,750,000" and substituting "$2,000,000".

5(2)   Subsection 3.2(3) is amended, in the section heading and in the part before clause (a), by striking out "$3,500,000" and substituting "$4,000,000".

PART 3

THE INCOME TAX ACT

C.C.S.M. c. I10 amended

6   The Income Tax Act is amended by this Part.

7   Subsection 4(1) is amended

(a) in Rule 6, by striking out ", add the amount" in the part before the formula and substituting "and the individual is resident in Manitoba on the last day of the taxation year, subtract the amount"; and

(b) in Rule 8,

(i) in the part before subclause (b)(i), by adding "Manitoba percentage of" after "the individual's", and

(ii) in subclause (b)(i), by adding "of the individual's Manitoba percentage" after "10.8%".

8   Section 4.4 is amended by adding "for the purposes of the federal Act" at the end.

9(1)   Subsection 5(1) is amended

(a) in the part before clause (a) of the English version, by striking out "his or her" and substituting "their";

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

(a) the individual's education property tax credit, if any, determined under section 5.4;

(a.1) the individual's school tax credit, if any, determined under section 5.5;

(a.2) the individual's seniors school tax rebate, if any, determined under section 5.5.1;

(a.3) the individual's renters tax credit, if any, determined under section 5.6.1;

(c) by repealing clause (h).

9(2)   Subsection 5(2) is amended

(a) in the part before clause (a), by striking out "clause (1)(a) or (b)" and substituting "any of clauses (1)(a) to (b)";

(b) in clause (a) of the English version, by striking out "he or she" and substituting "they"; and

(c) in clause (b) of the English version, by striking out "he or she is" and substituting "they are".

10(1)   Subsection 5.3(1) is amended

(a) in the definition "applicable percentage", by striking out "and" at the end of clause (b) and replacing clause (c) with the following:

(c) for the 2022 taxation year, 62.5%, and

(d) for the 2023 and subsequent taxation years, 50%;

(b) in clause (b) of the definition "family income",

(i) by renumbering subclause (i) as subclause (i.1) and adding the following before subclause (i.1):

(i) deducted under paragraph 20(1)(ww) of the federal Act (split income),

(ii) by striking out "or" at the end of subclause (ii), adding "or" at the end of subclause (iii) and adding the following after subclause (iii):

(iv) deducted under paragraph 60(z) of the federal Act (repayment of registered disability savings plan payments);

(c) in the definition "principal residence",

(i) in clause (a), by striking out "cohabiting",

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

(b) the primary residence of the individual or the individual's cohabiting spouse or common-law partner throughout the year or that part of the year,

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

(d) by repealing the definitions "dwelling unit cost" and "occupancy cost"; and

(e) by adding the following definitions:

"eligible school taxes" of an individual for a taxation year means the amount of school taxes, if any, paid by the individual or their spouse or common-law partner with respect to a residential dwelling unit for the year or part of the year throughout which the dwelling unit is

(a) the principal residence of the individual, and

(b) owned by the individual or the spouse or common-law partner; (« taxes scolaires admissibles »)

"primary residence" means the residential dwelling unit that is the primary residence of an individual as evidenced by such indicators as

(a) the amount of time spent by the individual at the dwelling unit in relation to the amount of time spent at any other dwelling unit,

(b) the address of the individual shown on their income tax return, driver's licence, motor vehicle registration, registration cards for health and health insurance, bank and credit card statements and statements of account for utilities, and

(c) any other prescribed indicators; (« résidence première »)

10(2)   Subsection 5.3(1.1) is repealed.

10(3)   The following is added as subsection 5.3(1.2):

Extended meaning of "owned" and "owner"

5.3(1.2)   For the purpose of subsection (1) and subsections 5.4(1), 5.5(1) and 5.6.1(2), an individual is deemed to own a residential dwelling unit if they own a life interest in the dwelling unit.

10(4)   Clause 5.3(2)(a) is replaced with the following:

(a) on the form on which the education property tax credit, the school tax credit, the seniors school tax rebate or the renters tax credit is claimed by the individual;

10(5)   Subsection 5.3(3) is repealed.

11   Section 5.4 is replaced with the following:

Eligibility for education property tax credit

5.4(1)   An individual whose principal residence is owned by them or their spouse or common-law partner is eligible for an education property tax credit for a taxation year, subject to the following conditions:

1.An individual is not eligible for the credit for the taxation year if, on the last day of the taxation year, they are not resident in Manitoba or are less than 16 years old.

2.An individual is not eligible for the credit for the taxation year if at any time in the taxation year

(a) they are exempt from tax under paragraph 149(1)(a) or (b) of the federal Act (employee of a country other than Canada); or

(b) they are not a Canadian citizen and are on active military service as a member of the armed forces of a country other than Canada, or are a member of the family of such an individual.

3.An individual is not eligible for the credit for the taxation year if they were, throughout the year, the cohabiting spouse or common-law partner of another person who claimed the credit for the year or any part of the year.

4.An individual is not eligible for the credit for a residential dwelling unit for any period for which any other individual claims an education property tax credit for that dwelling unit.

5.An individual is not eligible for the credit for any period during which neither the individual nor their spouse or common-law partner owns the individual's principal residence.

Education property tax credit

5.4(2)   Subject to subsection (3), an individual's education property tax credit for a taxation year is the amount, if any, by which

(a) the applicable percentage of the lesser of the individual's eligible school taxes for the year and the amount determined by the following formula:

$700 × De/Dy

In this formula,

Deis the number of days in the taxation year during which the individual is eligible for the credit,

Dyis the number of days in the year;

exceeds

(b) the total of all amounts each of which is the school tax reduction given in respect of a principal residence of the individual for the year or a part of the year.

Education property tax credit for seniors

5.4(3)   If an individual or their cohabiting spouse or common-law partner is at least 65 years of age at the end of a taxation year, the individual's education property tax credit for the taxation year is the amount determined by the following formula:

A − B

In this formula,

Ais the applicable percentage of the lesser of the individual's eligible school taxes for the year and the amount determined by the following formula:

($1,100 − C) × De/Dy

In this formula,

Cis the lesser of $400 and 1% of the individual's family income for the year,

Deis the number of days in the taxation year during which the individual is eligible for the credit,

Dyis the number of days in the year;

Bis the total of all amounts each of which is the school tax reduction given in respect of a principal residence of the individual for the year or a part of the year.

12(1)   Subsection 5.5(1) is amended

(a) in clause (b), by striking out everything after "individual's principal residence"; and

(b) in clause (d), by adding "and has not claimed an education property tax credit for that year" at the end.

12(2)   Subsection 5.5(2) is amended

(a) in the part before clause (a), by adding "the applicable percentage of" after "taxation year is";

(b) in clause (a),

(i) in the part before subclause (i), by striking out "occupancy cost" and substituting "eligible school taxes", and

(ii) in subclause (iii) of the English version, by striking out "the seniors' school tax rebate" and substituting "the seniors school tax rebate"; and

(c) in clause (b), in the part before the formula, by striking out "the applicable percentage of".

13   In the following provisions of the English version, "seniors' school tax rebate" is struck out and "seniors school tax rebate" is substituted:

(a) subsection 5.5.1(3), in the part before item 1 and in item 6;

(b) clause 5.5.1(4)(a);

(c) subsection 5.5.1(5), in the section heading and in the part before the formula, with necessary grammatical changes.

14   The following is added after section 5.6 and before the centred heading that follows it:

Renters Tax Credit

Definitions

5.6.1(1)   The following definitions apply in this section.

"eligible rental cost" of an individual's rented residence for a taxation year is

(a) the total of the rental and other payments (other than payments for meals or board) paid for any period in the year for a rented residence by or on behalf of the individual; or

(b) in the case of a rented residence that is a room in a personal care home, the amount equal to 50% of the portion of the per diem charges that were paid to the personal care home for any period in the year by or on behalf of the individual and that were not claimed by any taxpayer as a medical expense under subsection 4.6(17). (« frais de loyer admissibles »)

"rented residence" of an individual means the principal residence of the individual that is rented by them or their spouse or common-law partner from another person. (« résidence louée »)

Eligibility for renters tax credit

5.6.1(2)   An individual with a rented residence is eligible for a renters tax credit for a taxation year subject to the following conditions:

1.An individual is not eligible for the credit for the taxation year if, on the last day of the taxation year, they are not resident in Manitoba or are less than 16 years old.

2.An individual is not eligible for the credit for the taxation year if at any time in the taxation year

(a) they are exempt from tax under paragraph 149(1)(a) or (b) of the federal Act (employee of a country other than Canada); or

(b) they are not a Canadian citizen and are on active military service as a member of the armed forces of a country other than Canada, or are a member of the family of such an individual.

3.An individual is not eligible for the credit for a residential dwelling unit

(a) for any period for which any other individual claims a renters tax credit for that dwelling unit; or

(b) for any period for which the dwelling unit is the primary residence of an owner of the dwelling unit or the cohabiting spouse or common-law partner of the owner.

4.An individual is not eligible for the credit for any period during which the individual does not have a rented residence.

Renters tax credit

5.6.1(3)   Subject to subsection (4), an individual's renters tax credit for a taxation year is the lesser of

(a) the individual's eligible rental cost for the year; and

(b) $43.75 multiplied by the number of months in the year that the individual is eligible for the credit.

Renters tax credit for seniors

5.6.1(4)   If an individual or their cohabiting spouse or common-law partner is at least 65 years of age at the end of a taxation year, the individual's renters tax credit for the taxation year is the lesser of the individual's eligible rental cost for the year and the amount determined by the following formula:

($825 − A) × M/12

In this formula,

Ais the lesser of $300 and 0.75% of the individual's family income for the year;

Mis the number of months in the year that the individual is eligible for the credit.

Interpretation of "month"

5.6.1(5)   For the purpose of subsections (3) and (4), a month means a calendar month more than half of the days of which the individual is eligible to claim the renters tax credit with respect to a residence.

15   Clause 5.7(1)(a) is replaced with the following:

(a) the individual is

(i) less than 16 years old at the end of the year,

(ii) exempt from tax under paragraph 149(1)(a) or (b) of the federal Act (employee of a country other than Canada), or

(iii) not a Canadian citizen and is on active military service as a member of the armed forces of a country other than Canada, or a member of the family of such an individual;

16   Section 5.14 and the centred heading before it are repealed.

17   The following is added as sections 6.1 to 6.6:

2022 Affordability Tax Credits

Definitions

6.1   The following definitions apply in sections 6.2 to 6.4.

"2021 adjusted income", of an individual for the 2021 taxation year, means the total of all amounts each of which would be the income for the year of the individual or of the person who was the individual's cohabiting spouse or common-law partner on July 31, 2022, if in computing that income

(a) no amount were included

(i) under paragraph 56(1)(q.1) or subsection 56(6) of the federal Act, or

(ii) in respect of any gain from a disposition of property to which section 79 of the federal Act applies;

(b) no amount were deductible under paragraph 20(1)(ww) or 60(y) or (z) of the federal Act; and

(c) subsection 122.61(3) of the federal Act was applicable. (« revenu rajusté pour 2021 »)

"cohabiting spouse or common-law partner" and "family income" have the same meaning as in subsection 5.3(1). (« conjoint ou conjoint de fait visé » et « revenu familial »)

"qualified dependant" and "return of income" have the same meaning as in section 122.6 of the federal Act. (« déclaration de revenu » et « personne à charge admissible »)

Eligibility for tax credit for families

6.2(1)   Subject to subsection (2), an individual is eligible for an affordability tax credit under this section for the 2022 taxation year if

(a) the individual is resident in Manitoba on December 31, 2022;

(b) the individual is an eligible individual (as defined in section 122.6 of the federal Act) in respect of one or more qualified dependants on August 31, 2022, or would have been an eligible individual if subsection 122.62(1) of the federal Act did not apply;

(c) the individual's 2021 adjusted income is less than $175,000; and

(d) the individual and their cohabiting spouse or common-law partner, if any, filed their return of income for the 2021 taxation year before January 1, 2023.

Limitation

6.2(2)   An individual is not eligible for the credit in respect of a qualified dependant if the credit in respect of that dependant was paid to or claimed by the individual's cohabiting spouse or common-law partner.

Affordability tax credit amount — families

6.2(3)   The affordability tax credit under this section of an individual for the 2022 taxation year is the total of

(a) $250 for the first qualified dependant of the individual on August 31, 2022; and

(b) $200 for each additional qualified dependant of the individual on August 31, 2022.

Eligibility for tax credit for seniors

6.3(1)   An individual is eligible for an affordability tax credit under this section for the 2022 taxation year if

(a) the individual or their cohabiting spouse or common-law partner is at least 65 years of age on December 31, 2021;

(b) the individual

(i) has received an education property tax credit under section 5.4 greater than nil or a school tax reduction under section 5.6 for the 2021 taxation year, or

(ii) would have been eligible for an education property tax credit under section 5.4 greater than nil for the 2021 taxation year if section 5 were read without reference to clause (1)(a) (education property tax credit reduced by shelter allowance benefit) and subsection (2) (limited credits for recipients of social assistance);

(c) the individual's family income for the 2021 taxation year is less than $40,000;

(d) the individual is resident in Manitoba on December 31, 2022;

(e) the individual filed their return of income for the 2021 taxation year before January 1, 2023; and

(f) the individual's cohabiting spouse or common-law partner, if any, filed their return of income for the 2021 taxation year before January 1, 2023, and has not claimed a credit under this section or received an advance payment of the credit described in subsection 6.4(1).

Affordability tax credit amount — seniors

6.3(2)   The affordability tax credit under this section of an individual for the 2022 taxation year is $300.

Advance payment of credit

6.4(1)   A payment to an individual of the amount of the individual's anticipated affordability tax credit under section 6.2 or 6.3, without application by the individual, is deemed to be paid on account of the affordability tax credit to which the individual may be entitled.

Application for credit if not received in 2022

6.4(2)   An individual who has not received their affordability tax credit under section 6.2 or 6.3 in 2022 ceases to be eligible for it unless they apply for the credit to the Minister of Finance for Manitoba, in the form and manner acceptable to the minister, before March 1, 2023.

Application for credit of deceased individual

6.4(3)   If

(a) an individual dies in 2022, is resident in Manitoba immediately before death and would have been eligible for an affordability tax credit but for their death;

(b) a tax credit has not been paid to the deceased individual as an advance payment described in subsection (1);

(c) the deceased individual did not apply for the credit under subsection (2);

(d) the deceased individual had a cohabiting spouse or common-law partner immediately before death; and

(e) the surviving spouse or common-law partner is resident in Manitoba on December 31, 2022;

the surviving spouse or common-law partner may apply to the Minister of Finance for Manitoba, in the form and manner acceptable to the minister, for the affordability tax credit that the deceased individual would have been entitled to under section 6.2 or 6.3. The application must be made before March 1, 2023.

Payment of affordability tax credit

6.4(4)   If, on application under subsection (2) or (3), the Minister of Finance for Manitoba is satisfied that an affordability tax credit is payable, the minister must pay the amount of the credit to the applicant.

Deemed tax refund

6.4(5)   A payment under this section is deemed to be a refund of an amount paid on account of tax.

Notice of decision

6.5(1)   The Minister of Finance for Manitoba must promptly notify an applicant in writing if the minister is not satisfied that an affordability tax credit is payable to the applicant.

Request for reconsideration

6.5(2)   An individual may request that the Minister of Finance for Manitoba, in the form and manner acceptable to the minister, reconsider the individual's application under subsection 6.4(2) or 6.4(3) within 30 days of being provided notice of a decision under subsection (1).

Decision on reconsideration

6.5(3)   After considering the individual's application under subsection (2), the minister may confirm or vary the decision. The minister must give the individual notice of the decision under this subsection.

No appeal

6.5(4)   There is no appeal from a decision of the minister made under subsection (3).

Federal provisions do not apply

6.5(5)   For certainty, section 165 of the federal Act (objections) does not apply in respect of the affordability tax credits.

Recovery of payment

6.6   If the Minister of Finance for Manitoba determines that a payment in respect of an affordability tax credit was paid to a person who was not eligible for it, the amount of the payment is recoverable from the person and is a debt due by the person to His Majesty in right of Manitoba.

18   Clause 7.6(7)(a) is replaced with the following:

(a) either

(i) an advance certificate of eligibility issued under subsection 7.7(2), or

(ii) in the case of a completed production, the certificate of completion issued under subsection 7.7(3); and

19(1)   Paragraph 11.8(2)(b)(i)(A) is amended by striking out ", and before 2023".

19(2)   Subsection 11.8(2.1) is amended by striking out "and before 2023".

20(1)   Subsection 11.13(3) is amended

(a) in subclauses (a)(ii) and (b)(ii), by striking out "flow-through investment vehicle" and substituting "flow-through entity"; and

(b) in clause (b.1),

(i) in subclause (i), by striking out everything after "in the taxation year" and substituting "and after April 6, 2021, or", and

(ii) by replacing subclause (ii) with the following:

(ii) the investor's share, as determined under the regulations, of the cost to a flow-through entity of an eligible investment issued to it in the investor's taxation year and after April 6, 2021;

20(2)   Clause 11.13(4)(a) is amended by adding "or flow-through entity has" after "the eligible investor".

21   Clause 11.17(1)(h) is replaced with the following:

(h) enabling eligible investors to earn SBVC tax credits in respect of an eligible investment acquired by a flow-through entity, such as a partnership or trust, to which they have contributed the capital required for the investment, including regulations

(i) respecting the obligations of these entities and their partners or trustees,

(ii) establishing recordkeeping and reporting requirements for these entities,

(iii) extending the application of sections 11.15 and 11.16, with necessary changes, to investments in these entities, and

(iv) imposing a tax or penalty on a flow-through entity or its administrators or investors for any failure to comply with section 11.15 or 11.16 or any regulation made under this section;

Extension of time limit — 2020

22   The time limit of one year referred to in clause 7.3(2.2)(a) is extended by six months or until December 31, 2020, whichever extension is shorter, if the time limit would otherwise expire during the period beginning March 13, 2020, and ending December 30, 2020.

PART 4

THE MINING TAX ACT

C.C.S.M. c. M195 amended

23   The Mining Tax Act is amended by this Part.

24   Subsection 1(1) is amended

(a) by adding the following definitions:

"major expansion" means a mine expansion designated by the minister under subsection 4.2(3) as a major expansion; (« expansion majeure »)

"tax holiday" means an exemption for new mines or major expansions from tax under this Act as set out in section 4.1; (« exonération fiscale »)

"tax holiday period" means the period during which a new mine or major expansion is eligible for the tax holiday as determined under section 4.1; (« période d'exonération fiscale »)

(b) by replacing the definition "new mine" with the following:

"new mine" means a mine designated by the minister under subsection 4.2(2) as a new mine; (« nouvelle mine »)

(c) by repealing the definitions "new mine tax holiday" and "new mine tax holiday period"; and

(d) in the definition "tax holiday pool", by adding "or major expansion" after "a new mine".

25   The following is added after subsection 1(3):

Interpretation — major expansion

1(4)   For the purposes of this Act, a major expansion is deemed to be a mine separate and distinct from the mine that is expanded by it.

26   Subsections 4(3) and (4) are replaced with the following:

Exception for new mine or major expansion loss

4(3)   Subsection (2) does not apply in determining the profit of an operator of a new mine or major expansion in a tax holiday period.

Operator's profit excludes new mine or major expansion

4(4)   The profit of an operator referred to in subsection (1) shall not include the operator's profit or loss from a new mine or major expansion that is in a tax holiday period.

27(1)   Subsections 4.1(1) and (2) are replaced with the following:

Tax holiday

4.1(1)   An operator of a new mine or major expansion is eligible for an exemption from tax on the profit from the new mine or major expansion for the period beginning on the date of its designation as a new mine or major expansion and ending in the fiscal year in which the tax holiday pool, calculated in accordance with Formula 5 set out in the Schedule, is nil or negative.

Profit from new mine or major expansion

4.1(2)   Subject to subsection (3), the operator's profit in a fiscal year from a new mine or major expansion eligible for the tax holiday

(a) is to be calculated separately as if the new mine or major expansion were the only mine in which the operator had an interest; and

(b) is to be calculated in accordance with Formula 2 set out in the Schedule on the basis of only those revenues and expenses that pertain to the new mine or major expansion and the annual depreciation allowance to be deducted is the lesser of

(i) the amount calculated under clause 7(1)(g) at the rate of 20% of the undepreciated balance of the depreciable assets of the new mine or major expansion, and

(ii) the amount calculated in accordance with Formula 2 for that new mine or major expansion before deducting any depreciation allowance under clause 7(1)(g).

27(2)   Subsection 4.1(3) is amended

(a) in the section heading, by striking out "from new mine";

(b) by adding "or major expansion" after "from a new mine"; and

(c) by striking out "new mine tax holiday" and substituting "tax holiday".

28   Section 4.2 is replaced with the following:

Application for designation

4.2(1)   An operator may apply to the minister, in the form and manner approved by the minister, to have

(a) a mine designated as a new mine eligible for the tax holiday; or

(b) an expansion of an existing mine designated as a major expansion eligible for the tax holiday.

Designation of new mine

4.2(2)   The minister may designate a mine as a new mine eligible for the tax holiday if the minister is reasonably satisfied that

(a) the ore body to be mined is separate and distinct geologically from an ore body mined by any other mine;

(b) the mine has no common workings or mining operations with any other mine; and

(c) the mine is not a formerly operated mine.

Designation of major expansion

4.2(3)   The minister may designate an expansion of an existing mine as a major expansion eligible for the tax holiday if the minister is reasonably satisfied that

(a) the expansion is undertaken for the purpose of increasing the potential production of the existing mine;

(b) the expenditures incurred after 2021 by the operator for the acquisition of depreciable assets in the course of and principally for the purpose of the expansion are not less than 10% of the undepreciated balance of depreciable assets of the operator at the beginning of the fiscal year in which the designation is made; and

(c) the mine that is to be expanded is not a new mine in a tax holiday period.

Interpretation

4.2(4)   For the purpose of subsection (3),

(a) re-opening a mine that has been abandoned or closed for a continuous period of at least 60 months before the month that the minister makes a designation is deemed to be an expansion of an existing mine undertaken for the purpose of increasing the potential production of the mine; and

(b) the undepreciated balance of depreciable assets of the operator is calculated without reference to assets that pertain to mines that are in a tax holiday period.

29(1)   Subsection 4.3(1) is replaced with the following:

Election to exclude from tax holiday

4.3(1)   At the time a return is filed under subsection 22(1), an operator of a new mine or major expansion may file an election with the director for the new mine or major expansion to be excluded from the tax holiday.

29(2)   Subsection 4.3(2) is amended

(a) in clause (a),

(i) by adding "or major expansion" after "profit from the new mine", and

(ii) by striking out "the new mine tax holiday" and substituting "the tax holiday";

(b) in clause (b), by adding "or major expansion" after "the new mine";

(c) in clause (c), by striking out "the new mine's depreciable assets" and substituting "the depreciable assets of the new mine or major expansion"; and

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

(d) the new mine or major expansion is permanently excluded from the tax holiday.

30   Subsection 10(3.1) is amended

(a) in the section heading, by adding "or major expansion" after "New mine";

(b) in clause (a), by striking out everything after "relate to a new mine" and substituting "or major expansion in the tax holiday period;"; and

(c) in clause (c), by striking out "the new mine tax holiday period" and substituting "the tax holiday period".

31(1)   Subsection 11(2.1) is replaced with the following:

Depreciable assets of new mine or major expansion

11(2.1)   Where an operator of a new mine or major expansion in the tax holiday period incurs expenditures for depreciable assets for that new mine or major expansion, a depreciation allowance for the fiscal year as calculated under clause 4.1(2)(b), or as calculated under subsection 9(2) where the fiscal year is a short fiscal year, shall be allowed for all such depreciable assets provided that they

(a) relate only to that new mine or major expansion;

(b) are accounted for separately by the operator; and

(c) are approved by the director.

31(2)   Subsection 11(2.2) is replaced with the following:

Undepreciated balance of new mine or major expansion assets

11(2.2)   Where in a fiscal year the tax holiday period expires, the undepreciated balance of depreciable assets referred to in subsection (2.1) of the new mine or major expansion shall be added to the operator's undepreciated balance of depreciable assets referred to in clause 7(1)(g) for the next following fiscal year.

32(1)   Formulas 5 and 6 in the Schedule are replaced with the following:

FORMULA 5
(Subsection 4.1(1))

Tax holiday pool = H + A − D − P

In this formula

His the balance of the tax holiday pool of the operator relating to a new mine or major expansion at the end of the previous fiscal year;

Ais the expenditures incurred in the current fiscal year and prior to the new mine or major expansion achieving production in reasonable commercial quantities, for the acquisition of depreciable assets, including processing assets, of the new mine or major expansion, in accordance with this Act;

Dis the proceeds of disposal for depreciable assets, including processing assets, of the new mine or major expansion in the current fiscal year, in accordance with this Act; and

Pis the profit of the new mine or major expansion, before depreciation allowance, earned by the operator in the current fiscal year, in accordance with subsection 4.1(2).

FORMULA 6
(Subsection 4.1(3))

Tax holiday profit in the fiscal year the tax holiday period ends = (H + A − D)/P × Q

In this formula

His the balance of the tax holiday pool of the operator relating to a new mine or major expansion at the end of the previous fiscal year;

Ais the expenditures incurred in the current fiscal year and prior to the new mine or major expansion achieving production in reasonable commercial quantities, for the acquisition of depreciable assets, including processing assets, of the new mine or major expansion, in accordance with this Act;

Dis the proceeds of disposal for depreciable assets, including processing assets, of the new mine or major expansion in the current fiscal year, in accordance with this Act;

Pis the profit of the new mine or major expansion, before depreciation allowance, earned by the operator in the current fiscal year, in accordance with subsection 4.1(2); and

Qis the profit of the new mine or major expansion, after depreciation allowance, earned by the operator in the current fiscal year, in accordance with subsection 4.1(2).

32(2)   Formula 7 in the Schedule is amended by replacing the description of Q with the following:

Qis the original cost of the processing assets invested by the operator after April 20, 1994

(a) in the construction and equipping of new mines and major expansions;

(b) in the construction and equipping of processing structures or facilities in Manitoba where that stage of processing was not previously performed on that site; and

(c) in the major expansion or modernization of processing structures or facilities in Manitoba if it was declared by the Lieutenant Governor in Council before 2023 to be an approved expansion or modernization for the purpose of this Formula or if

(i) the expansion or modernization is undertaken for the purpose of increasing the potential production of the structures or facilities or diversifying the production of the structures or facilities, and

(ii) the expenditures incurred by the operator after 2021 for the acquisition of depreciable assets for the purpose of expanding or modernizing the structures or facilities is not less than 50% of the original cost of the structures or facilities;

that are actually used in each of the stages of processing in the fiscal year in processing the output of the mine less all amounts, with respect to the purchase of processing assets, deducted by the operator under subsection 13(2) from the tax payable in any previous fiscal year.

PART 5

THE PROPERTY TAX AND INSULATION
ASSISTANCE ACT

C.C.S.M. c. P143 amended

33   The Property Tax and Insulation Assistance Act is amended by this Part.

34   The definition "applicable percentage" in section 12.1 is replaced with the following:

"applicable percentage" means,

(a) in relation to farm or residential property,

(i) for the 2021 taxation year, 25%,

(ii) for the 2022 taxation year, 37.5%, and

(iii) for the 2023 and subsequent taxation years, 50%; and

(b) in relation to any property other than farm or residential property, for the 2021 and subsequent taxation years, 10%. (« pourcentage applicable »)

35   In subsections 12.5(1), (2) and (4), "Minister of Finance" is struck out and "minister" is substituted.

36   Section 12.7 is replaced with the following:

Statutory appropriation for rebate

12.7(1)   Subject to subsection (2), each rebate payable under this Part for a taxation year after 2021 is payable out of the Consolidated Fund without any legislative authority other than this subsection.

Exception for 2022 appropriation

12.7(2)   For the 2022 taxation year, the amount payable out of the Consolidated Fund without any legislative authority other than subsection (1) does not include the amount appropriated under The Appropriation Act, 2022 (School Tax Rebate).

37   Clause 12.9(a) is repealed.

38   Section 14 is amended

(a) in the part before clause (a), by striking out "2020" and substituting "2021"; and

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

(a) the amount by which 20% of the eligible rental cost, as defined in subsection 5.6.1(1) of The Income Tax Act, of the pensioner tenant for the year exceeds the total of

(i) the seniors school tax rebate under section 5.5.1 of that Act of the pensioner tenant for the year, and

(ii) the renters tax credit under section 5.6.1 of that Act of the pensioner tenant for the year; and

Repeal

39   The General School Tax Rebate Regulation, Manitoba Regulation 46/2022, is repealed.

PART 6

THE RETAIL SALES TAX ACT

C.C.S.M. c. R130 amended

40   The Retail Sales Tax Act is amended by this Part.

41   Subsection 1(1) is amended

(a) by repealing the definition "online accommodation platform";

(b) in the definition "online sales platform", in clause (a), by adding "or taxable services" after "tangible personal property";

(c) in the definition ""purchase price" or "sale price"",

(i) by repealing clause (a.1),

(ii) by replacing clause (a.2) with the following:

(a.2) any charge or fee paid in connection with the purchase, by means of an online sales platform, of

(i) tangible personal property, including any insurance contract related to the property, or

(ii) taxable services,

whether paid to the online seller or the operator of the platform if the purchase cannot be made without paying the charge or fee,

(d) in the definition "seller", in clause (d), by striking out "an online accommodation platform or";

(e) in the definition "vendor", in clause (a.1), by striking out "online accommodation platform or"; and

(f) by replacing the definition "online seller" with the following:

"online seller" means a person who, by means of an online sales platform, makes retail sales in the province of one or more of the following:

(a) tangible personal property and any insurance contract related to the property,

(b) taxable services; (« vendeur en ligne »)

42   Subclause 4(1.0.1)(b)(i) is amended by striking out "accommodation" and substituting "sales".

43   Subsection 9(2.3.1) is amended

(a) in clause (a), by striking out "online accommodation platform or"; and

(b) in clause (b), by striking out "an online accommodation platform or".

44   Subsection 21.2(1) is repealed.

45   Clause 29(1)(g.1) is amended by striking out ""online accommodation platform",".

Definitions

46(1)   In this section,

(a) "the Act" means The Retail Sales Tax Act;

(b) "online sales platform" has the same meaning as in subsection 1(1) of the Act as it read immediately before the coming into force of this section; and

(c) "retail sale" has the same meaning as in subsection 1(1) of the Act.

Amount deemed not to be owing

46(2)   An amount of tax that, but for this subsection, was required under the Act to be collected and remitted by the operator of an online sales platform in respect of a retail sale made by means of the platform in the period beginning December 1, 2021, and ending March 31, 2022, is deemed never to have been collectible or required to have been remitted, except an amount

(a) that was collected as tax by the operator; or

(b) was recovered by the operator under subsection 9(2.1) of the Act before the coming into force of this section.

Refund

46(3)   If the operator of an online sales platform has remitted an amount deemed by subsection (2) never to have been collectible or required to have been remitted, the Minister of Finance may refund that amount to the operator. The refund may be paid out of the Consolidated Fund without any legislative authority other than this section.

PART 7

THE TAX ADMINISTRATION AND
MISCELLANEOUS TAXES ACT

C.C.S.M. c. T2 amended

47   The Tax Administration and Miscellaneous Taxes Act is amended by this Part.

48(1)   Subsection 6(1) is amended by replacing the part before clause (a) with the following:

Information confidential

6(1)   A person who has custody of or control over records or information obtained under a tax Act must not disclose or permit access to a record or information, except

48(2)   Subsection 6(1) is further amended

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

(a.1) if the disclosure or access does not directly or indirectly reveal the identity of the person to whom the record or information relates;

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

(c) to the extent required for the administration or enforcement of a tax Act or any other Act that imposes a tax or levy;

(c.1) with the approval of the minister, to the extent required for the administration or enforcement of an enactment other than a tax Act;

(c.2) as required in any legal proceeding relating to the administration or enforcement of a tax Act or any other Act that imposes a tax or levy;

(c.3) with the approval of the minister, as required in any legal proceeding relating to the administration or enforcement of any enactment other than a tax Act;

(c) in clause (e), by striking out "under subsection (2)" and substituting "by or under subsections (1.1) to (2)".

48(3)   The following is added after subsection 6(1):

Confirmation of name and business identifier

6(1.1)   A person employed in the administration of a tax Act may confirm or deny one or both of the following:

(a) an identified person is registered under a tax Act;

(b) a number is the business or registration number of an identified person;

on being provided by any person with information specified by the minister sufficient to identify a single person or number.

Information for use by departments and agencies

6(1.2)   The minister may permit records or information, including personal or confidential records or information, obtained under a tax Act to be given or shown to a person employed by a government department, or a government agency as defined in The Financial Administration Act, only for the purpose of enabling the department or agency

(a) to formulate or evaluate policy;

(b) to conduct research and statistical analysis; or

(c) to administer or enforce a benefit, program or service of the department or agency, including the determination or verification of a person's eligibility for the benefit, program or service.

PART 8

OTHER AMENDMENTS

DIVISION 1

THE EFFICIENCY MANITOBA ACT

C.C.S.M. c. E15 amended

49   The Efficiency Manitoba Act is amended by this Division.

50   Section 9 is replaced with the following:

Efficiency plans

9(1)   Efficiency Manitoba must prepare and submit an efficiency plan in accordance with this section and section 10.

Contents of plans

9(2)   An efficiency plan must include the following information:

(a) a description of the demand-side management initiatives that Efficiency Manitoba proposes to meet the savings targets that apply during the period the plan is in effect;

(b) a description of the educational initiatives that Efficiency Manitoba proposes to undertake and the support it proposes to provide for encouraging innovations in areas related to its mandate;

(c) a description of any initiatives proposed in addition to those proposed to meet the savings targets;

(d) if the cumulative net savings secured to date have fallen short of the sum of the applicable annual savings targets, a description of the initiatives planned to address the shortfall;

(e) an analysis of the reductions in greenhouse gas emissions in Manitoba expected to result from the initiatives proposed under clauses (a) to (d);

(f) an analysis of the amount and cost-effectiveness of the net savings to be achieved by

(i) each of the initiatives proposed under clauses (a) to (d), and

(ii) the plan as a whole;

(g) an assessment of the benefits to be attained if the initiatives proposed under clauses (a) to (d) are implemented during the period that the efficiency plan is in effect, including the benefits to be experienced by

(i) those who participate in any of the proposed initiatives,

(ii) Manitoba Hydro, and

(iii) Manitobans generally, including any environmental benefits, economic development opportunities and enhancements to energy security;

(h) a description of the input that Efficiency Manitoba received from stakeholders — including the stakeholder committee established under section 27 — and the public in preparing the plan, and the process established for receiving the input;

(i) a description of how the initiatives proposed under clauses (a) to (d) will assist Efficiency Manitoba in positioning itself to secure the net savings that are reasonably anticipated to be required over the next 15 years;

(j) a description of how the plan addresses the factors prescribed by regulation that the PUB must consider under subsection 11(4);

(k) for any ongoing or proposed energy efficiency or energy conservation loan or financing program, including a program that is delivered in conjunction with Manitoba Hydro, a description of

(i) the interest rate charged or to be charged under the program, or the manner in which the interest rate is or will be determined,

(ii) the eligibility and assessment criteria to be used to determine participation in the program, and

(iii) the amounts reasonably anticipated to be loaned or financed by Manitoba Hydro under the program, including any amount to be financed by Manitoba Hydro;

(l) a budget that sets out, for each fiscal year of the plan,

(i) the projected costs of designing and implementing each of the initiatives proposed under clauses (a) to (d), and when those costs are anticipated to be incurred,

(ii) the projected administrative and overhead costs determined according to the regulations — including evaluation costs — to be incurred in delivering the initiatives proposed under clauses (a) to (d) and in carrying out Efficiency Manitoba's related activities under subsection 4(2),

(iii) the amount reasonably required as a contingency fund to enable Efficiency Manitoba to take advantage of emerging opportunities that are not otherwise addressed in the plan,

(iv) the proposed sources of any required funds and the amount from each source, and

(v) a schedule of when the funds will be required over the course of the year;

(m) a description of the manner in which the outcomes achieved under the plan are to be assessed, including the proposed performance measures to be used.

Duration of efficiency plans

9(3)   Subject to an extension under section 13.1 or subsection 13.2(1), an efficiency plan is effective for a three-year period beginning on the day specified in the plan.

51(1)   Subsection 12(4) is amended by adding ", including any plan update," after "efficiency plan".

51(2)   Subsection 12(5) is amended, in the part before clause (a), by striking out "during the three-year period of the efficiency plan" and substituting "during the period the efficiency plan is in effect".

52   The following is added after section 13 and before the centred heading that follows it:

EXTENSION OF EFFICIENCY PLANS

One-year extension of initial plan

13.1   The approved efficiency plan that came into effect on the commencement date is hereby extended for a period of one year.

Minister may extend efficiency plan

13.2(1)   Before the expiry of an approved efficiency plan, the minister may issue a written directive that extends the efficiency plan for a period of one year. An approved efficiency plan may be extended more than once.

Notice of extension

13.2(2)   The minister must provide a copy of the directive made under subsection (1) to Efficiency Manitoba, Manitoba Hydro and the PUB and the directive must be published by the minister on a website available to the public or through other public means.

Plan update

13.3(1)   For each one-year period that an approved efficiency plan is to be extended, Efficiency Manitoba must submit to the minister a plan update that sets out the following:

(a) any material change to an initiative included in the efficiency plan;

(b) if the cumulative net savings secured under the efficiency plan have fallen short of the sum of the applicable annual savings targets, a description of the initiatives planned to address the shortfall;

(c) any material change in the net savings to be achieved under the efficiency plan;

(d) an assessment of the benefits to be attained during the one-year extension period;

(e) any material change to a loan or financing program provided under the efficiency plan;

(f) a budget for the one-year extension period.

Update not subject to PUB review

13.3(2)   A plan update is not subject to review by the PUB.

Ministerial approval

13.4   After receiving a plan update, the minister must

(a) approve the plan update as submitted; or

(b) refer the plan update back to Efficiency Manitoba for further action, with any directions the minister considers appropriate.

Subsections 12(2) and (3) apply, with necessary changes, if the minister issues any directions under clause (b).

53   Section 39 is amended

(a) in clause (i), by striking out "three-year plan" and substituting "efficiency plan"; and

(b) in clause (j), by striking out everything after "for the purpose of" and substituting "a plan or a budget of Efficiency Manitoba".

DIVISION 2

THE MANITOBA HYDRO ACT

C.C.S.M. c. H190 amended

54   The Manitoba Hydro Act is amended by this Division.

55   Subsection 43(4) is amended

(a) in clause (a), by striking out "or"; and

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

(c) apply to money payable by the government or a government agency

(i) for power supplied to it by the corporation,

(ii) on behalf of the Government of Canada or an agency of the Government of Canada under a federal program, or

(iii) out of funds provided by the Government of Canada or an agency of the Government of Canada as a contribution to a capital project of the corporation under a federal program.

DIVISION 3

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

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

56   The Manitoba Public Insurance Corporation Act is amended by this Division.

57   Section 18 is replaced with the following:

Definitions

18(1)   The following definitions apply in this section.

"capital reserve" means a reserve for the purpose of enabling the corporation to satisfy unknown or unforeseen liabilities that may arise with respect to any line of insurance. (« réserve de capital »)

"extension reserve" means the corporation's capital reserve for extension insurance. (« réserve pour les assurances complémentaires »)

"line of insurance" means universal compulsory automobile insurance, extension insurance or special risk extension insurance. (« catégorie d'assurance »)

"MCT ratio" means the MCT ratio described in the Minimum Capital Test (MCT) Guideline issued by the Office of the Superintendent of Financial Institutions (Canada), as amended or replaced from time to time. (« ratio TCM »)

"rate stabilization reserve" means the corporation's capital reserve for universal compulsory automobile insurance. (« réserve de stabilisation des tarifs »)

"special risk extension reserve" means the corporation's capital reserve for special risk extension insurance. (« réserve pour les assurances complémentaires à l'égard des risques spéciaux »)

Claim reserves

18(2)   The corporation must establish and maintain a reserve for each line of insurance sufficient to pay future claims-related expenses associated with incurred claims under that line of insurance.

Capital reserves

18(3)   In addition to the reserves under subsection (2), the corporation must establish and maintain the following capital reserves:

(a) a rate stabilization reserve, with a target MCT ratio of 100%;

(b) an extension reserve, with a target MCT ratio of 200%;

(c) a special risk extension reserve, with a target MCT ratio of 300%.

Rate stabilization reserve surplus

18(4)   A rebate must not be paid from the rate stabilization reserve unless

(a) the reserve's MCT ratio exceeds 120% at the beginning of a fiscal year;

(b) the corporation applies to The Public Utilities Board for approval to the pay the rebate;

(c) The Public Utilities Board approves the application; and

(d) the rebate is not projected to reduce the reserve's MCT ratio to less than 100%.

Rate stabilization reserve deficiency

18(5)   If the rate stabilization reserve's MCT ratio is less than, or is projected to be less than, its target MCT ratio at the beginning of a fiscal year, the corporation must ensure that its revenue from universal compulsory automobile insurance is sufficient to allow the reserve's target MCT ratio to be achieved within the five-year period beginning with that fiscal year.

Consequential repeal, Manitoba Regulation 76/2019

58   The Reserves Regulation, Manitoba Regulation 76/2019, is repealed.

DIVISION 4

THE SPECIAL OPERATING AGENCIES
FINANCING AUTHORITY ACT

C.C.S.M. c. S185 amended

59   The Special Operating Agencies Financing Authority Act is amended by this Division.

60   The title is replaced with "THE SPECIAL OPERATING AGENCIES ACT".

61   Section 1 is amended

(a) by repealing the definition "Financing Authority"; and

(b) in the definition "management agreement", by striking out "between the Financing Authority and the minister responsible".

62   Sections 2 to 4 and 6 to 8 are repealed.

63(1)   Subsection 9(1) is repealed.

63(2)   Subsection 9(2) is amended by striking out "the Financing Authority" and substituting "an agency".

63(3)   Subsection 9(3) is amended by striking out "the Financing Authority under subsections (1) and (2) shall be repaid by the Financing Authority" and substituting "an agency under subsection (2) must be repaid by the agency".

64   Section 10 is repealed.

65   Section 13 is amended

(a) in the part before clause (a), by striking out "and subject to the approval of the Minister of Finance, the Financing Authority" and substituting ", the Minister of Finance"; and

(b) in clause (b), by striking out "Financing Authority" and substituting "Minister of Finance".

66   Section 13.1 is amended by striking out "Financing Authority" and substituting "Minister of Finance".

67   Section 15 is replaced with the following:

Revoking designation

15(1)   The Lieutenant Governor in Council may, by regulation, revoke the designation of a special operating agency on any terms the Lieutenant Governor in Council considers appropriate.

Effect of revocation

15(2)   An agency ceases to be a special operating agency on the date the regulation revoking its designation comes into force.

68   Sections 16 to 21, 25 and 26 are repealed.

Repeal

69   The Special Operating Agencies Financing Authority Act, S.M. 1992, c. 54, as amended by this Act, is repealed.

Transitional Provisions

Definitions

70(1)   The following definitions apply in this section and section 71.

"Financing Authority" means the Special Operating Agencies Financing Authority established under the former Act. (« Office de financement »)

"former Act" means The Special Operating Agencies Financing Authority Act as it read immediately before the coming into force of sections 60 to 68. (« ancienne loi »)

Financing Authority dissolved

70(2)   On the coming into force of this section,

(a) the Financing Authority is dissolved;

(b) the appointment of each person to the Financing Authority is revoked;

(c) the rights and property of the Financing Authority are vested in the government;

(d) all liabilities and obligations of the Financing Authority are assumed by the government;

(e) a reference to the Financing Authority in an enactment, by-law, contract, agreement, instrument, operating charter, or other document or record is deemed to be a reference to the government; and

(f) any legal proceeding or action commenced by or against the Financing Authority may be continued by or against the government.

Working capital — agencies

71(1)   Any funds advanced to a special operating agency from an advance under subsection 9(2) of the former Act continue to be advanced to the special operating agency on the same terms and must be repaid on the same terms.

Operating charter

71(2)   An operating charter made under section 12 of the former Act and in effect on the day this section comes into force continues in effect.

Management agreement

71(3)   A management agreement made under section 13 of the former Act and in effect on the day this section comes into force continues in effect until terminated by the government.

Consequential Amendments and Repeals

C.C.S.M. c. E55 amended

72(1)   Subsection 1(1) of The Electronic Commerce and Information Act is amended in the definition "public body" by striking out "The Special Operating Agencies Financing Authority Act" and substituting "The Special Operating Agencies Act".

C.C.S.M. c. E55 further amended

72(2)   Subsection 1(1) of The Electronic Commerce and Information Act is further amended in the definition "public body" by striking out ", including a special operating agency as defined in The Special Operating Agencies Act".

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

73   Section 39 of The Vital Statistics Act is amended by striking out "the annual report required by subsection 24(1) of The Special Operating Agencies Act" and substituting "the annual report for the department over which the minister presides".

Consequential repeal, Manitoba Regulation 79/2006

74   The Special Operating Agencies Designation Regulation, Manitoba Regulation 79/2006, is repealed.

DIVISION 5

MISCELLANEOUS

C.C.S.M. c. F54 amended

75   The Manitoba Film and Sound Recording Development Corporation Act is amended by replacing section 6 with the following:

Remuneration and expenses

6   A member shall be paid remuneration and expenses at rates set by the Lieutenant Governor in Council.

Validation of Manitoba Regulation 124/2022

76(1)   The Securities Regulation, amendment, Manitoba Regulation 124/2022, is deemed to have come into force on October 12, 2018.

76(2)   All things done that would have been validly done under the regulation had it been registered on October 12, 2018, are validated and deemed to have been lawfully done, and all fees required by the regulation are deemed to have been lawfully required and received as if the regulation had come into force on that day.

PART 9

COMING INTO FORCE

Coming into force

77(1)   Except as otherwise provided in this section, this Act comes into force on the day it receives royal assent.

Part 1 — Fuel Tax

77(2)   Part 1 is deemed to have come into force on May 1, 2022.

Part 2 — Health and Post Secondary Education Tax Levy

77(3)   Part 2 comes into force on January 1, 2023.

Part 3 — Income Tax

77(4)   Clause 7(a) is deemed to have come into force on January 1, 2000.

77(5)   Clause 7(b) is deemed to have come into force on January 1, 2020.

77(6)   Section 8, clauses 9(1)(a) and (b), subsection 9(2), clause 10(1)(a) and subclause 10(1)(b)(i) are deemed to have come into force on January 1, 2022.

77(7)   Subclause 10(1)(b)(ii) is deemed to have come into force on January 1, 2008.

77(8)   Clause 10(1)(c) to (e), subsections 10(2) to (5) and sections 11 to 15 are deemed to have come into force on January 1, 2022.

77(9)   Section 18 is deemed to have come into force on April 1, 2010.

77(10)   Section 22 is deemed to have come into force on March 13, 2020.

Part 4 — Mining Tax

77(11)   Part 4 comes into force on January 1, 2023.

Part 6 — Retail Sales Tax

77(12)   Sections 41 to 45 come into force on a day to be fixed by proclamation.

Part 8 — Other Amendments

77(13)   Section 69, subsection 72(2) and section 74 come into force on a day to be fixed by proclamation.