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C.C.S.M. c. E170
The Executive Government Organization Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"department" means a department or branch of the executive government; (« ministère »)
"executive council" means the executive council of the province; (« Conseil exécutif »)
"executive government" means the executive government of the province; (« gouvernement »)
"minister" means a member of the executive council. (« ministre »)
Members of the executive council
There shall be an executive council of the province which shall be composed of such persons as the Lieutenant Governor appoints.
The members of the executive council shall be ministers of the Crown, and shall rank among themselves in the order of their appointments as members of the executive council.
The Lieutenant Governor in Council may appoint, under the Great Seal of the province, from among the ministers, to hold office during pleasure, a President of the executive council and ministers to preside over the several departments and to discharge such duties, exercise such powers and perform such functions as he may prescribe; and the Lieutenant Governor in Council may determine the titles by which those ministers shall be known.
One minister may be appointed to preside over two or more departments.
Where a minister does not preside over a department, an appointment under subsection (1) is not required.
The Lieutenant Governor in Council may, either in special cases or generally, appoint a minister as acting minister for any other minister during the absence or incapacity from any cause of that other minister; and all acts of an acting minister shall have the same effect as if done by the minister in whose place he is acting.
Transfer of minister's duties, etc.
The Lieutenant Governor in Council may transfer and assign to any minister, by name, title or otherwise, any or all of the powers, duties and functions given or imposed by law to or on any other minister.
Exercise of transferred powers, etc.
Where any or all of the powers, duties and functions of a minister are transferred to another minister under subsection (1), the minister to whom the powers, duties and functions are transferred may exercise the powers and perform the duties and functions under his title or the title of the minister from whom they are transferred.
Where, in any Act of the Legislature or any regulation, order or document, there is reference to a minister by title, the Lieutenant Governor in Council may designate another minister by name, title or otherwise, who shall be deemed to be the minister to whom reference is made in the Act, regulation, order or document.
Ministers shall be paid the indemnity provided for members of the Executive Council in the regulations made under Part 2 of The Legislative Assembly Act.
The Lieutenant Governor in Council may appoint a member of the Legislative Assembly as a legislative assistant to a member of the Executive Council, but there must not be more than six legislative assistants at one time.
Legislative assistants shall be paid the indemnity provided for legislative assistants in the regulations made under Part 2 of The Legislative Assembly Act.
The Lieutenant Governor in Council may establish a committee of the executive council to study and advise on matters relating to the management of the executive government and a committee to study and advise on planning of government programs and projects and their relative priorities, and such other committees as he deems advisable.
Organization of the executive government
Notwithstanding any Act of the Legislature, the Lieutenant Governor in Council may determine the organization of the executive government and of the various departments thereof, and for that purpose may
(a) establish, vary or disestablish any department;
(b) determine or vary the duties and functions of any department and transfer any duties and functions from one department to another; and
(c) determine or change the name of any department.
Expenditures for government programs
Moneys required to be expended for the purpose of carrying out the duties and functions or exercising the powers of the executive government or for the purpose of the administration by the executive government of any Act of the Legislature shall be paid out of the Consolidated Fund with moneys authorized by an Act of the Legislature to be paid and applied for those purposes.
Transferred duties and functions
Where under section 8, duties and functions of a department are transferred to another department, the Lieutenant Governor in Council may order that all or part of the moneys authorized by an Act of the Legislature to be paid and applied for the purposes of those duties and functions and remaining unexpended, as he deems appropriate shall be expended through that other department to which those duties and functions are transferred and thereupon those moneys may be expended for those duties and functions as though they had been authorized by the Act of the Legislature to be paid and applied for the purposes of those duties and functions being performed by that other department.
Delegation of ministerial powers
Where, under any Act of the Legislature, power or authority to do any act or thing, including, without limiting the generality of the foregoing, power or authority
(a) to enter into any agreement; or
(b) to execute or approve any transfer, deed, conveyance, notice, demand, agreement, lease, caveat, lien, plan or other document; or
(c) to issue, grant, suspend, or cancel any permit, licence, certificate, or authority; or
(d) to execute, issue or approve, any order or requisition, warrant, or document, for work, purchase of goods, quotation of prices or articles or materials, or other purpose; or
(e) to receive any notice, direction or other document;
is granted to, or vested in, a minister, the minister may, by written authorization approved by the Lieutenant Governor in Council, delegate that power or authority to any person employed under him in the executive government, subject to such limitations, restrictions, conditions, and requirements as the minister may impose and as are set out in the written authorization.
Limitations on delegated powers
In exercising any power or authority delegated to him under subsection (1), the person to whom it is delegated is bound by, and shall observe and conform to, any limitations, restrictions, conditions, and requirements so imposed by the minister or to which the minister is subject in himself exercising the power or authority under the Act in which it is granted to, or vested in, him.
Effect on subsection 31(1) of Interpretation Act
Nothing in this section restricts or limits the authority for which provision is made in subsection 31(1) of The Interpretation Act.
Such officers and employees, including deputies for the several ministers, as are required to perform the duties and functions of the several departments and agencies of the government that are not corporate entities may be employed as provided in The Civil Service Act.
Such officers and employees as are required to perform the duties and functions of any agency of the government that is a corporate entity may be employed by that agency, and where The Civil Service Act applies to that agency or the officers or employees employed by that agency, the employment shall be in accordance with The Civil Service Act.
The Lieutenant Governor in Council may alter or vary the Great Seal of the Province of Manitoba.
The Lieutenant Governor in Council shall designate a minister to be the keeper of the Great Seal of the Province of Manitoba; and the minister so designated shall issue all documents under the Great Seal and countersign them.
Subject to any other Act of the Legislature, the Lieutenant Governor in Council may appoint and alter a seal for any department; and the seal so appointed for any department, or as so altered, shall be the seal of that department.
Where on the coming into force of this section a departmental seal was in existence for, and in use by, any department, that seal shall continue to be the seal of the department until otherwise ordered by the Lieutenant Governor in Council.
Commuting and remitting sentences
The Lieutenant Governor in Council may commute and remit any sentence for an offence against the laws of the province or for an offence over which the legislative authority of the province extends.
The Lieutenant Governor in Council may, by regulation, prescribe tariffs of fees that shall be paid to the government in respect of the issuing of, granting of, registration of, filing of, or application for, commissions, letters patent, licences, permits, documents, conveyances, grants, orders, or any or all of them, issued, granted, registered or filed by or with any minister, officer of the government, department or government office or in respect of the searching of any register, file, or document, kept by any minister, officer of the government, department or government office and that is available for search by the public.
Agreements with other authorities
The Lieutenant Governor in Council may authorize a minister, for and on behalf of the government, or an agency of the government, to enter into an agreement with
(a) the Government of Canada, or a minister or agency of the Government of Canada; or
(b) the government of another province of Canada, or a minister or agency of the government of another province of Canada; or
(c) a municipality, school district, school division, or other local authority; or
(d) any person or group of persons;
for the benefit or purposes of the residents of Manitoba or any part thereof.
Residual powers of Lieutenant Governor in Council
In matters within the jurisdiction of the Legislature, all powers, authorities, and functions that, in respect of like matters, were vested in or exercisable by the Governors or the Lieutenant Governors of the several provinces now forming part of Canada or any of the provinces, under commissions, instructions, or otherwise, at or before the passing of the Constitution Act, 1867, are vested in and exercisable by the Lieutenant Governor in the name of Her Majesty.
Nothing in this section affects the royal prerogative.