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C.C.S.M. c. P230
The Public Officers Act
|Table of Contents|
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"public officer" includes any person in the public service of the government
(a) on whom a duty is imposed under an Act or regulation, or
(b) who is authorized under an Act or regulation to do or enforce the doing of an act or thing or to exercise a power; (« officier public »)
"revenue officer" means a revenue officer as defined in The Financial Administration Act. (« agent des recettes »)
DEMISE OF THE CROWN
The holding of any office under the Crown in right of the province is not affected by, nor is any fresh appointment thereto necessary by reason of, the demise of the Crown.
The right or capacity of any person in the province to practise, engage in, or pursue, any profession, occupation or calling is not affected by the demise of the Crown.
Upon the demise of the Crown it is not necessary for any person again to take any oath of allegiance or any oath of office in respect of any office, profession, occupation, or calling.
APPOINTMENT OF OFFICERS GENERALLY
In case of the neglect or omission of a local authority to appoint any officer, or in case any local or general public office is vacant from any cause and the public interest requires that it should be filled, and generally, in the case of all offices of a public nature the appointment to which is not specially provided for by law, the Lieutenant Governor in Council may appoint persons to, and may fill, all or any of the offices, as if special power of appointment in each particular case had been conferred upon him by the prerogative of the Crown or by an Act of the Legislature.
No member of the Senate of Canada or of the House of Commons of Canada shall be appointed to, or shall hold, any permanent office or employment in the service of the Government of Manitoba, to which any salary or other emolument in lieu of salary is attached; but this section does not apply to notaries public, commissioners for oaths, or any like office.
Every public officer, and every person appointed to any office in respect to which an oath or affirmation of office is required to be taken by any statute or by order of the Lieutenant Governor in Council, unless some other form of oath or affirmation of office is provided by statute, shall, upon being notified of the appointment and before entering upon the performance of the duties of the office, or upon being otherwise so required, take and subscribe the following oath or affirmation or one to the like effect, namely:
I, , do solemnly swear (or affirm) that I will duly, faithfully and to the best of my knowledge and ability perform and fulfil the duties and requirements of the office of to which I have been appointed, and so long as I shall continue to hold that office, without fear or favour. So help me God. (Omit last four words where person affirms.)
The oath or affirmation of office shall be in writing and in duplicate, and may be taken and subscribed before any person authorized under The Manitoba Evidence Act to take affidavits in the province.
The taking and subscribing of the oath or affirmation of office does not dispense with the taking of the oath or affirmation of allegiance in any case in which the last mentioned oath or affirmation is by law required to be taken.
The following form shall be that of the oath or affirmation of allegiance to be administered to, and taken by, every person in the province, who, either of his own accord or in compliance with any lawful requirement made on him or in obedience to the directions of any Act of the Legislature, desires to take an oath or affirmation of allegiance; and the oath or affirmation may be administered by any person authorized by The Manitoba Evidence Act to take affidavits in the province, or lawfully authorized either by virtue of office or by special commission from the Crown for that purpose:
I, , do solemnly swear (or affirm) that I will be faithful and bear true allegiance to Her (or His) Majesty (naming the reigning sovereign for the time being), her (or his) heirs and successors, according to law. So help me God. (Omit last four words where person affirms.)
The Clerk of the Executive Council shall keep a register of and have custody of all oaths and affirmations of office and oaths and affirmations of allegiance.
SECURITY BY PUBLIC
AND REVENUE OFFICERS
The Minister of Finance may require any public officer or revenue officer or any class or classes of public officers or revenue officers to give security for the payment of, or making good of, any and all loss that may result from any default, malfeasance, misfeasance, non-feasance, dishonesty or neglect of duty committed by him.
The Minister of Finance may prescribe the form of security and the amount thereof to be furnished under this Act or any other Act of the Legislature by a public officer or revenue officer, or any class or classes of public officers or revenue officers.
The Minister of Finance may enter into an agreement in Her Majesty's name with any corporation authorized or licensed to carry on the business of guarantee or fidelity insurance in the province, whereby the corporation gives security in respect to a public officer or revenue officer or any class of public officers or revenue officers.
The Minister of Finance or any other minister of the Crown, as agent for, and on behalf of, any public corporation, commission, board, municipality or school district, may enter into an agreement in Her Majesty's name with any corporation authorized or licensed to carry on the business of guarantee or fidelity insurance in the province, whereby the corporation gives security against loss occasioned by the default, malfeasance, misfeasance, non-feasance, dishonesty, or neglect of duty of a member, officer, agent, or employee or for all or any class of members, officers, agents or employees of any of the bodies aforesaid.
The security furnished by or on behalf of any public officer in pursuance of this Act or any other Act requiring security enures as well for the benefit of Her Majesty as for the benefit of the person for whose benefit it is provided by the security or the Act requiring the security that it enures.
Every security furnished or taken under this Act shall be deposited with the Minister of Finance or with some person designated by him.
No neglect, omission, or irregularity in giving or receiving or taking any security, and no informality in any security or in the execution or the depositing thereof, affects its validity.
The informalities mentioned in section 18 or the absence of any security do not render void any matter or duty done or performed by a public officer or revenue officer, that his appointment properly authorized him to do or perform, nor do they exonerate or free him from personal liability for any of the acts or omissions that would be a breach of the conditions of the security required.
The Minister of Finance shall, in each year, lay before the Legislative Assembly, within 15 days of the opening of a session of the Legislature held in that year or partly in that year, a statement as to fidelity bonds
(a) respecting employees of the government; and
(b) respecting employees of the public corporations, commissions, boards, municipalities, and school districts, to which section 15 refers;
on deposit with him on a day not more than 30 days prior to the opening of the session.
The statement shall set forth
(a) for each department of the executive government; and
(b) for each of the public corporations, commissions, boards, municipalities, and school districts, to which section 15 refers;
the name of the surety under each bond held, the number of public officers and revenue officers whose fidelity is secured thereby, the total amount for which each surety is bound, and the amount of the premium payable under each bond on each premium payment date thereof with respect to the amount for which the surety is bound on the day mentioned in subsection (1).
PROTECTION OF PERSONS PERFORMING PUBLIC DUTIES
No action, prosecution, or other proceedings lies or shall be instituted against a person for an act done in pursuance or execution or intended execution of a statute or of a rule or regulation made thereunder, or of a public duty or authority, or in respect of an alleged neglect or default in the execution of the statute, rule, regulation, duty, or authority, unless it is commenced within two years next after the act, neglect, or default complained of, or in case of continuance of injury or damage, within two years next after the ceasing thereof.
Where, in the opinion of the court before which the action is brought, the plaintiff has not given the defendant a sufficient opportunity of tendering amend before the commencement of the action or proceeding, it may award to the defendant costs to be taxed as between solicitor and client.
An officer of a court acting under an order or process of the court, whether valid or invalid, or a constable acting under the order or warrant of a justice, or a person acting by the order or in aid of the officer or constable shall be deemed to be a person acting in the discharge of a public duty.
This section does not apply to an action against a district registrar under The Real Property Act.
Where an action is brought against a person for an act done in pursuance or execution or intended execution of public duty, statutory or otherwise, or authority, or in respect of an alleged neglect or default in the execution of the statute duty, or authority, the defendant may, at any time after service of the writ or statement of claim, apply to the court, and the court may order security for costs, if it is shown that the plaintiff is not possessed of property sufficient to answer the costs of the action in case a judgment is given in favour of the defendant, and that the defendant has a good defence upon the merits or that the grounds of action are trivial or frivolous.