The Demise of the Crown Act (Various Acts Amended)

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S.M. 2022, c. 52

Bill 5, 5th Session, 42nd Legislature

The Demise of the Crown 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 several statutes to deal with the demise of the Crown. The chief legislative counsel is given a revision power to make changes to other Acts and regulations to reflect the change of sovereign.

(Assented to December 1, 2022)

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

THE INTERPRETATION ACT

C.C.S.M. c. I80 amended

1(1)   The Interpretation Act is amended by this section.

1(2)   Section 49 of the English version is amended by striking out "Her Majesty" wherever it occurs and substituting "His Majesty", with necessary grammatical changes.

1(3)   The following is added after section 49 and before the centred heading that follows it:

Succession

49.1   A change of reigning sovereign does not affect anything done or begun under the previous reigning sovereign, and all matters continue as if no succession has occurred.

1(4)   The Schedule of Definitions is amended by replacing the definitions "gazette", "government", "Government of Canada", ""Governor in Council" or "Governor General in Council"" and ""Her Majesty", "His Majesty", "the Queen", "the King" or "the Crown"" with the following:

"gazette" means The Manitoba Gazette published by the King's Printer of Manitoba; (« Gazette »)

"government" means His Majesty the King acting for the Province of Manitoba; (« gouvernement »)

"Government of Canada" means His Majesty the King acting for Canada; (« gouvernement du Canada »)

"Governor in Council" or "Governor General in Council" means the Governor General of Canada acting by and with the advice of, or by and with the advice and consent of, or in conjunction with, the King's Privy Council for Canada; (« gouverneur en conseil » ou « gouverneur général en conseil »)

"His Majesty", "Her Majesty", "the King", "the Queen" or "the Crown" means the Sovereign of the United Kingdom, Canada and His other Realms and Territories, and Head of the Commonwealth; (« Sa Majesté », « le Roi », « la Reine » ou « la Couronne »)

1(5)   The Schedule of Definitions is further amended in the English version by replacing the definition "Lieutenant Governor" with the following:

"Lieutenant Governor" means the Lieutenant Governor of Manitoba, or the administrator carrying on the government of Manitoba for the time being in His Majesty's name, by whatever title the administrator is designated; (« lieutenant-gouverneur »)

THE LEGISLATIVE ASSEMBLY ACT

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

2   Section 10 of The Legislative Assembly Act is amended by striking out everything after "oath or affirmation of allegiance:" and substituting the following:

"I, A.B., do swear (or affirm) that I will be faithful and bear true allegiance to His Majesty King Charles the Third (or as the case may be) and his heirs and successors according to law. So help me God." (Omit last four words where person affirms.)

THE QUEEN'S COUNSEL ACT

C.C.S.M. c. Q5 amended

3(1)   The Queen's Counsel Act is amended by this section.

3(2)   The title is replaced with "THE KING'S COUNSEL ACT".

3(3)   Subsection 2(1) is amended

(a) in the section heading, by striking out "Queen's Counsel" and substituting "King's Counsel"; and

(b) by striking out "Her Majesty's counsel" and substituting "His Majesty's counsel".

3(4)   Sections 5 and 6 are amended

(a) in the section heading, by striking out "Q.C." and substituting "K.C."; and

(b) by striking out "Her Majesty's counsel" and substituting "His Majesty's counsel".

3(5)   Section 8 is amended by striking out "Q5" and substituting "K10".

THE QUEEN'S PRINTER ACT

C.C.S.M. c. Q10 amended

4(1)   The Queen's Printer Act is amended by this section.

4(2)   The title is replaced with "THE KING'S PRINTER ACT".

4(3)   The following provisions are amended by striking out "Queen's Printer" wherever it occurs and substituting "King's Printer":

(a) sections 2 to 4;

(b) subsection 5(2);

(c) sections 6 to 9.

4(4)   Section 10 is amended

(a) by striking out "Queen's Printer" and substituting "King's Printer"; and

(b) by striking out "his or her" and substituting "their".

4(5)   Subclause 11(b)(iii) is amended by striking out "Queen's Printer" and substituting "King's Printer".

4(6)   Section 14 is amended by striking out "Q10" and substituting "K15".

Consequential amendment, C.C.S.M. c. E72

5   Subsection 2(2) of The Manitoba Emblems Act is amended by striking out "Queen's Printer" and substituting "King's Printer".

Consequential amendments, C.C.S.M. c. E150

6   In the following provisions of The Manitoba Evidence Act,"Queen's Printer" is struck out wherever it occurs and "King's Printer" is substituted:

(a) clause 34(2)(c);

(b) clause 34(3)(b);

(c) clause 34(4)(a);

(d) subsection 34(5).

Consequential amendments, C.C.S.M. c. E160

7   Subsection 20(3) of The Executions Act is amended

(a) by striking out "Queen's Printer" and substituting "King's Printer"; and

(b) by striking out "The Queen's Printer Act" and substituting "The King's Printer Act".

Consequential amendment, C.C.S.M. c. S135

8   Subsection 7(2) of The Sioux Valley Dakota Nation Governance Act is amended by striking out "Queen's Printer" wherever it occurs and substituting "King's Printer".

THE STATUTES AND REGULATIONS ACT

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

9(1)   The Statutes and Regulations Act is amended by this section.

9(2)   Section 4 of the English version is amended by striking out "Her Majesty" and substituting "His Majesty".

9(3)   In the following provisions, "Queen's Printer" is struck out wherever it occurs and "King's Printer" is substituted:

(a) subclause 5(1)(b)(iii);

(b) subsection 5(3);

(c) clause 16(1)(b);

(d) subsection 16(3);

(e) clause 23(1)(c);

(f) clause 25(3)(a).

9(4)   The following is added after section 25:

Revision power — demise of the Crown

25.1(1)   The chief legislative counsel may revise language and punctuation in legislation to deal with the demise of the Crown.

Example

The revision power may be used to change a reference to "Her Majesty" to "His Majesty" or a reference to "Queen" to "King" in an Act or regulation.

Application

25.1(2)   The chief legislative counsel may revise an Act or a regulation, including an Act or a regulation that has not yet come into force.

Notice and publication of revision

25.1(3)   When making a revision under this section, the chief legislative counsel must do the following:

(a) provide the Clerk of the Legislative Assembly, the Clerk of the Executive Council and the Deputy Attorney-General of Manitoba with a list of each revised Act or regulation;

(b) arrange for each revised Act or regulation to be published on the Manitoba Laws website;

(c) notify the King's Printer of the revision;

(d) publish a notice on the Manitoba Laws website that identifies each revised Act or regulation.

Legal effect of revision

25.1(4)   The revision does not operate as new law, and a revised provision has the same effect as the replaced provision.

9(5)   In the following provisions, "Queen's Printer" is struck out wherever it occurs and "King's Printer" is substituted:

(a) clause 27(1)(c);

(b) subsection 28(1);

(c) clause 29(2)(a).

OTHER AMENDMENTS

C.C.S.M. c. B91 amended

10(1)   The Builders' Liens Act is amended by this section.

10(2)   Subsection 1(1) is amended by replacing the definition "court" with the following:

"court" means the Court of King's Bench for Manitoba; (« tribunal »)

10(3)   Subsection 75(1) of the English version is amended by striking out "The Queen's Bench Act" and substituting "The Court of King's Bench Act".

C.C.S.M. c. C290 amended

11   Section 2 of the English version of The Court of King's Bench Surrogate Practice Act is amended by striking out "The Queen's Bench Act" and substituting "The Court of King's Bench Act".

C.C.S.M. c. L70 amended

12   Form 2 of the Schedule in The Landlord and Tenant Act is amended by striking out "ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada, and Her other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith." and substituting "CHARLES THE THIRD, by the Grace of God, of the United Kingdom, Canada, and His other Realms and Territories, King, Head of the Commonwealth, Defender of the Faith.".

C.C.S.M. c. P140 amended

13   In the following provisions of the English version of The Proceedings Against the Crown Act, "The Queen's Bench Act" is struck out and "The Court of King's Bench Act" is substituted:

(a) section 1, in the definition "rules of court";

(b) subsection 7(1);

(c) section 13.

C.C.S.M. c. T60 amended

14   Subsection 13(2) of the English version of The Threshers' Liens Act is amended by striking out "The Queen's Bench Act" and substituting "The Court of King's Bench Act".

C.C.S.M. c. W190 amended

15   Section 8 of the English version of The Woodmen's Liens Act is amended, in the part after clause (d), by striking out "The Queen's Bench Act" and substituting "The Court of King's Bench Act".

COMING INTO FORCE

Coming into force

16(1)   Subject to subsection (2), this Act is deemed to have come into force on the accession of King Charles III.

Coming into force — subsection 9(4)

16(2)   Subsection 9(4) comes into force on the day this Act receives royal assent.