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The Statute Law Amendment Act 1987

R.S.M. 1987 Supp., c. 31

The Statute Law Amendment Act 1987

NOTE: This is a revised version of chapter 66 of the Statutes of Manitoba, 1987-88, and includes only the amendments to statutes contained in the Re-enacted Statutes of Manitoba, 1987.

Subsec. 1(1) of Agricultural Credit Corporation Act am.

1

Subsection 1(1) of The Agricultural Credit Corporation Act, being chapter A10 of the Re-enacted Statutes of Manitoba, 1987, is amended by striking out the definition of "farming" and substituting the following:

"farming" includes

(i) the growing of cereal crops,

(ii) the growing of vegetable or special crops other than cereal crops,

(iii) stock raising or stock keeping,

(iv) dairying,

(v) poultry raising,

(vi) apiculture,

(vii) fur ranching, and

(viii) aquaculture, where fish are raised for market purposes or for sale as breeding stock and fingerlings; ("exploitation agricole").

Subsecs. 42(3) and (4) of Amusements Act added.

2

The Amusements Act, being chapter A70 of the Re-enacted Statutes of Manitoba, 1987, is amended by adding thereto, immediately after subsection 42(2) thereof, the following subsections:

Offence re persons under 18.

42(3)

Except where otherwise provided by this Act or the regulations, no person shall distribute, sell, lease, supply, display, advertise, exhibit or present, to another person who has not attained the age of 18 years, any film that under the regulations is classified as "Restricted".

Offence re persons under 15.

42(4)

Except where otherwise provided by this Act or the regulations, no person shall distribute, sell, lease, supply, display, advertise, exhibit or present, to another person who has not attained the age of 15 years and is not accompanied by a parent or legal guardian, any film that under the regulations is classified as "Parental Accompaniment".

Subsec. 14(1) of Business Names Registration Act rep. and sub.

3

Subsection 14(1) of The Business Names Registration Act, being chapter Bl 10 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following subsection is substituted therefor:

Application to Court of Queen's Bench.

14(1)

A person who feels aggrieved

(a) as a result of the acceptance and registration of a declaration under this Act or the refusal to accept and register a declaration under this Act;

(b) by the decision of the Director to reserve a name or to refuse to do so;

(c) by a direction made by the Director under section 13 or the refusal of the Director to make a direction under section 13; or

(d) by the cancellation by the Director of a registration or of a renewal of a registration made under this Act;

may apply to the Court of Queen's Bench for an order

(e) cancelling the registration of any declaration referred to in clause (a) or requiring the acceptance and registration of a declaration referred to in clause (a);

(f) directing the Director to change a decision referred to in clause (b);

(g) changing the name set out in the declaration or in the direction made by the Director under section 13;

(h) directing that the cancellation referred to in clause (d) be rescinded;

and the Court may so order and make any further order it thinks fit.

Subsec. 9(2) of Civil Service Act rep. and sub.

4(1)

Subsection 9(2) of The Civil Service Act, being chapter C110 of the Re-enacted Statutes of Manitoba, 1987 (hereinafter in this section referred to as "the Act"), is repealed and the following subsection is substituted therefor:

Pay where classification is changed.

9(2)

The pay of an employee whose classification is changed shall be determined in accordance with the classification to which he is assigned, but in no case shall the pay be higher than the maximum pay for the new assigned classification unless otherwise approved by the commission.

Subsec. 11(7) rep. and sub.

4(2)

Subsection 11(7) of the Act is repealed and the following subsection is substituted therefor:

Pay on demotion for other than disciplinary reasons.

11(7)

Where an employee is demoted for other than disciplinary reasons, he shall be paid at a rate set out for the new classification in the pay plan to which he was demoted that is the same as the rate he was being paid in his former classification, and if there is no such rate set out for the new classification, he shall be paid at the rate set out for that new classification that is next lower than the rate at which he was being paid in his former classification; and the rate of pay of that employee shall in no case exceed the maximum rate of pay applicable to the new classification unless otherwise approved by the commission.

Subsecs. 10(1), (2) and (3) of Provincial Court Act rep. and sub.

5

Subsections 10(1), (2) and (3) of The Provincial Court Act, being chapter C275 of the Re-enacted Statutes of Manitoba, 1987, are repealed and the following subsections are substituted therefor:

Judge to devote full time to duties.

10(1)

Subject to subsections (4) and (5), no judge appointed on a full-time basis shall

(a) carry on, engage in, practise or conduct any business, trade, profession or occupation; or

(b) unless the judge is acting as adjudicator pursuant to an appointment and designation under The Human Rights Code, act as commissioner, arbitrator, adjudicator, referee, conciliator, umpire or mediator on any matter or proceeding;

except on the direction of the Lieutenant Governor in Council.

No extra remuneration.

10(2)

Except as provided in subsection (3), no judge appointed on a full-time basis shall accept any salary, fee or other remuneration for doing any of the things mentioned in clause (1)(a) or (b) or for acting as adjudicator pursuant to an appointment and designation under The Human Rights Code.

Expenses excepted.

10(3)

A judge acting as commissioner, arbitrator, adjudicator, referee, umpire, conciliator or mediator in any matter or proceeding on the direction of the Lieutenant Governor in Council, and a judge acting as adjudicator pursuant to an appointment and designation under The Human Rights Code, may receive reasonable travelling and other expenses incurred by him away from his ordinary place of residence while acting in that capacity or in the performance of the duties and services of the office in the same amount and under the same conditions as if he were performing a function or duty as a judge if the expenses are paid by the government in respect of a matter within the legislative authority of the Legislature.

Sec. 1 of Dangerous Goods Act am.

6

Section 1 of The Dangerous Goods Handling and Transportation Act, being chapter D12 of the Re-enacted Statutes of Manitoba, 1987, is amended

(a) by striking out the definition of "contaminant" where it appears therein and substituting therefor the following definition:

"contaminant" means any solids liquid, gas, waste, radiation or any combination thereof that is foreign to or in excess of the natural constituents of the environment and

(i) that affects the natural, physical, chemical or biological quality of the environment; or

(ii) that is or is likely to be injurious or damaging to the health or safety of a person; ("contaminant")

and

(b) by striking out the definition of "hazardous waste disposal facility" where it appears therein and substituting therefor the following definition:

"hazardous waste disposal facility" means a facility or place operated in whole or in part for the purpose of treatment, disposal or bulk storage of hazardous waste but does not include a facility or place approved by the director

(i) that treats, stores or disposes of hazardous wastes on the generation site, or

(ii) that treats or stores hazardous wastes as part of a process for the recycling, reuse or reclamation of hazardous wastes. ("installation d'élimination de déchets dangereux")

Subsec. 3(1) of Denturists Act rep. and sub.

7(1)

Subsection 3(1) of The Denturists Act, being chapter D35 of the Re-enacted Statutes of Manitoba, 1987 (hereinafter in this section referred to as "the Act"), is repealed and the following subsection is substituted therefor:

Licensing of denturists.

3(1)

The minister is responsible for the licensing of denturists.

Subsec. 13(5) added.

7(2)

Section 13 of the Act is amended by adding thereto, immediately after subsection (4) thereof, the following subsection:

Appeal from committee's decision.

13(5)

Where the committee recommends to the minister that a licence should not be issued to a person to practise as a denturist, the recommendation of the committee is subject to an appeal to the Court of Queen's Bench in accordance with section 21.

Sec. 22.1 added.

7(3)

The Act is amended by adding thereto, immediately after section 22 thereof, the following section:

Any person may prosecute offence.

22.1(1)

Any person may be a prosecutor or complainant in the prosecution of an offence under this Act.

Limitation of prosecution.

22.1(2)

No prosecution under this Act shall be commenced after the expiration of one year from the date of the alleged offence.

Subsec. 24(1) of Financial Admin. Act rep. and sub.

8

Subsection 24(1) of The Financial Administration Act, being chapter F55 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following subsections are substituted therefor:

Remission of money paid or payable.

24(1)

Upon being satisfied that it would be right and conducive to the public good, or that great hardship or injustice to any person would otherwise ensue, the minister may, subject to subsection (1.1), remit any money paid or payable to the government, whether by way of tax, fee, fine, penalty, forfeiture or otherwise, notwithstanding that any part of the money is given by law to an informer or prosecutor or to any other person.

Remission exceeding $5,000.

24(1.1)

Where the amount of any money to be remitted under subsection (1) exceeds $5,000., the minister shall not make the remission except on the approval of the Lieutenant Governor in Council.

Definition of "Director" in The Fisheries Act.

9(1)

Section 1 of The Fisheries Act, being chapter F90 of the Re-enacted Statutes of Manitoba, 1987 (hereinafter in this section referred to as "the Act"), is amended by adding thereto, immediately after the definition of "corporation" the following:

"Director" means the Director of the Fisheries Branch within the department of the government administered by the minister; ("directeur")

Definition of "fisherman".

9(2)

Section 1 of the Act is further amended by striking out the definition of "fisherman" and substituting therefor the following:

"fisherman" means a person licensed under the Fisheries Act (Canada), and any regulations made thereunder, to fish for commercial purposes, and includes any other person fishing on behalf of one or more persons so licensed;. ("pêcheur")

Definition of producer.

9(3)

Section 1 of the Act is further amended by striking out the definition of "producer" substituting therefor the following definition:

"producer" means

(i) a fisherman, or

(ii) a person authorized in writing by the Director to sell fish to a consumer on behalf of a fisherman;. ("producteur")

Sec. 9 am.

9(4)

Section 9 of the Act is amended by striking out clause (a) thereof and substituting therefor the following clause:

(a) no person shall sell or agree to sell fish in the province for delivery within the province, except to the corporation or an agent of the corporation; and.

Sec. 10 am.

9(5)

Section 10 of the Act is amended

(a) by renumbering the section as subsection (1); and

(b) by adding thereto, immediately after the section as renumbered, the following subsection:

Authorization of Director.

10(2)

The written authorization referred to in the definition of "producer" in section 1 may be given by the Director.

Sec. 11 am.

9(6)

Section 11 of the Act is amended by striking out the words "Lieutenant Governor in Council" where they appear therein for the first and second time and substituting therefor, in each case, the word "minister", and by adding thereto, immediately after clause (b) thereof, the following clauses:

(c) respecting the transportation of fish caught or taken in the province;

(d) prescribing the records to be kept respecting all fish caught, taken or sold in the province.

Sec. 68 of Health Services Insurance Act rep. and sub.

10

Section 68 of The Health Services Insurance Act, being chapter H35 of the Re-enacted Statutes of Manitoba, 1987, is repealed and the following section is substituted therefor:

Agreements with participating hospital and medical provinces.

68(1)

The commission may, with the approval of the Lieutenant Governor in Council, enter into an agreement with the Crown in right of a participating hospital province or participating medical province, or with an authority duly constituted in the participating hospital province or participating medical province to administer matters relating to hospital or medical services insurance, Respecting the provision of hospital or medical services

(a) to residents of Manitoba who are in the participating hospital province or participating medical province; and

(b) to residents of the participating hospital province or participating medical province who are in Manitoba;

including in each case, if so provided in the agreement, services equivalent to hospital or medical services.

Rights under agreement.

68(2)

Notwithstanding any other provision of this Act, where an agreement is made under subsection (1), the persons to whom it relates are entitled to receive hospital or medical services or reimbursement for the cost thereof as provided in the agreement.

Hospitals Act am.

11

The definition of "indigent" in section 1 of The Hospitals Act, being chapter H120 of the Re-enacted Statutes of Manitoba, 1987, is repealed.

Subsec. 21(1) of Jury Act am.

12

Subsection 21(1) of The Jury Act, being chapter J30 of the Re-enacted Statutes of Manitoba, 1987, is amended by striking out the figures "30" where they appear therein and substituting therefor the figures "60".

Subsecs. 59(1) to (5) of Legislative Assembly Act rep. and sub.

13(1)

Subsections 59(1) to (5) of The Legislative Assembly Act, being chapter L110 of the Re-enacted Statutes of Manitoba, 1987 (hereinafter in this section referred to as "the Act"), are repealed and the following subsections are substituted therefor:

Constituency and access allowance.

59(1)

There shall be allowed and paid in respect of each fiscal year to each member in accordance with subsections (2) and (2.1), a constituency and access allowance not exceeding $9,899.

(a) for expenses incurred by the member in serving residents of the electoral division for which the member was elected; and

(b) for expenses incurred by the member to permit the member to hold meetings with constituents, to prepare and distribute informational material relating to constituency matters, to disseminate information to constituents and for such other matters as may be determined in the Rules made by Legislative Assembly Management Commission together with office and personnel expenses associated therewith.

Basis of expenses.

59(2)

The constituency and access allowance payable under subsection (1) shall be paid

(a) on the basis of accounts submitted by the member to the Clerk of the House and approved by the Speaker; and

(b) for only those expenses of the types which are identified in the Rules made by the Legislative Assembly Management Commission as types of expenses for which a constituency and access allowance may be paid under this section including, without limiting the generality of the foregoing, expenses for office rental, utility services for the office, salaries for staff, stationery and office supplies and equipment.

Payment direct to another person.

59(3)

Where a member incurs an expense which involves payment to another person for which a constituency and access allowance is payable, the member may submit an account of the expense to the Clerk of the House and upon approval by the Speaker, payment may be made directly to the other person to whom the amount of the expense is payable.

Subsec. 66(1) rep. and sub.

13(2)

Subsection 66(1) of the Act is repealed and the following subsection is substituted therefor:

Mailing privileges.

66(1)

In addition to any other privileges that a member has in respect of the sending of letters by mail at the expense of the government, each member may, three times in each fiscal year, mail letters at the expense of the government to persons residing or carrying on business in the electoral division which the member represents.

Subsec. 66(3) rep. and sub.

13(3)

Subsection 66(3) of the Act is repealed and the following subsection is substituted therefor:

Printing privileges.

66(3)

In addition to any other privileges that a member has in respect of the printing of written matter at the expense of the government, each member may, three times in each fiscal year, have printed at the expense of the government written matter for circulation to persons residing or carrying on business in the electoral division which the member represents, but the cost to the government of each printing of written matter requested by a member under this subsection shall not exceed the product of 1 1/2 times the cost that would be incurred by the government for a mailing of that printed matter if it were mailed for the member at the expense of the government under subsection (1).

Subsec. 68(1) am.

13(4)

Subsection 68(1) of the Act is amended

(a) by adding thereto, immediately after the word "constituency" in the fifth line thereof, the words "and access"; and

(b) by striking out the words and figures "the maximum access allowance allowed and payable under subsection 59(3)" in the seventh and eighth lines thereof.

Sec. 19 of Medical Act am.

14

Section 19 of The Medical Act, being chapter M90 of the Re-enacted Statutes of Manitoba, 1987, is amended by adding thereto, immediately after clause (e) thereof, the following clause:

(f) The standards of advertising to be observed by any member or by any facility in which a member is practising medicine.

Secs. 8 and 9 of Municipal Affairs Administration Act am.

15

The Municipal Affairs Administration Act, being chapter M230 of the Re-enacted Statutes of Manitoba, 1987, is amended by striking out the word "February" where it appears in subsection 8(1) thereof and again in section 9 thereof and substituting therefor, in each case, the word "March".

Sec. 19.1 of Registry Act added.

16

The Registry Act, being chapter R50 of the Re-enacted Statutes of Manitoba, 1987, is amended by adding thereto, immediately after section 19 thereof, the following section:

Limitation not to apply to Orders in Council.

19.1

Sections 18 and 19 do not apply to Orders in Council.

Sec. 1 of Social Allowances Act am.

17(1)

Section 1 of The Social Allowances Act, being chapter S160 of the Re-enacted Statutes of Manitoba, 1987 (hereinafter in this section referred to as "the Act"), is amended by adding thereto, immediately after the definition of "cost of basic necessities" the following definition:

"crisis intervention facility" means a facility approved by the minister for providing shelter and protection to persons who have been abused by other persons; ("établissement d'intervention d'urgence")

Subsec. 5(1) am.

17(2)

Subsection 5(1) of the Act is amended by adding thereto, at the end of clause (h) thereof, the word "or" and by adding thereto, immediately after clause (h) thereof as so amended, the following clause:

(i) who is a person requiring the protection of and residing in a crisis intervention facility.

Sec. 2 of Social Services Act am.

18

Section 2 of The Social Services Administration Act, being chapter S165 of the Re-enacted Statutes of Manitoba, 1987, is amended by renumbering the section as subsection (1) and by adding thereto, immediately after the section as so renumbered, the following subsection:

Executive Director may delegate.

2(2)

The Executive Director of Social Security may, in writing, authorize any person to exercise any of the powers and to perform any of the duties and functions conferred or imposed upon the Executive Director of Social Security under subsection (1).

Subsecs. 8(1) and (2) of Suitors' Moneys Act rep. and sub.

19

Subsections 8(1) and (2) of The Suitors' Moneys Act, being chapter S220 of the Re-enacted Statutes of Manitoba, 1987, are repealed and the following subsections are substituted therefor:

Notice of moneys in court.

8(1)

Where moneys paid into court in respect of an action have not been paid out within two years after having been paid in, the accountant shall cause a notice, setting out the style of cause of the action and the amount of the moneys, to be published in one issue of The Manitoba Gazette and in one issue of a daily newspaper circulating in The City of Winnipeg, and where the moneys set out in the notice have still not been paid out within five years after having been paid in the accountant shall cause a further notice to the same effect to be so published.

Transfer of moneys out of account.

8(2)

Where moneys have been held by the minister for the credit of any person for a period of six years or more, without an application for payment out thereof having been made, and the accountant has complied with subsection (1) in respect of the moneys, the accountant shall so advise the minister who shall thereupon transfer the moneys together with any interest accumulated thereon out of the account and the amount transferred shall thereafter bear no interest and, subject to subsection (3), may thereupon be treated as ordinary revenue of the government but no time during which a person entitled to claim the sum was an infant or of unsound mind shall be taken into account in calculating the period under this section.

Various secs. of Workers Compensation Act am.

20(1)

The amount $751. shall be substituted for the amount $653. wherever the latter amount appears in any of the following sections or subsections of The Workers Compensation Act, being chapter W200 of the Re-enacted Statutes of Manitoba, 1987 (hereinafter in this section referred to as "the Act"):

(a) subsections 1(4), 1(5), 1(6), 28(2), 40(5), 43(1) and 43(2); and

(b) sections 37, 38 and 41.

Subsec. 28(1) rep. and sub.

20(2)

Subsection 28(1) of the Act is repealed and the following subsection is substituted therefor:

Death before 1974.

28(1)

Where a worker died before January 1, 1974 as a result of an accident, the compensation payable to the dependants of the worker shall be as follows:

(a) where a surviving spouse is the sole dependant of the worker, a monthly payment of $751. for life;

(b) where the dependants of the worker are a surviving spouse and a child or children under the age of 16 years, a monthly payment to the spouse of $751. for life and an additional $169. in respect of each child under the age of 16 years;

(c) where the dependants of the worker are orphaned children, a monthly payment of $188. for each child under the age of 16 years;

(d) where there is a parent of the worker wholly dependant upon the worker, a monthly payment not exceeding $751.;

(e) where there is a dependant child of the worker

(i) who is 16 years of age or more,

(ii) who is applying himself or herself, to the satisfaction of the board, in an elementary or secondary school course, in a course leading to a university degree, or in a course of technical or vocational training acceptable to the board, and

(iii) who has not been granted a university degree or completed a course of technical or vocational training, and it appears advisable to the board to furnish further or better education or training to the child, monthly amounts not exceeding

(iv) $188. in respect of a child who is not an orphan, and

(v) $208. in respect of a child who is an orphan, as the board may determine for the period which the child spends in furthering or bettering the child's education or training in a manner acceptable to the board, up to the time the child is granted a university degree or completes a course of technical or vocational training;

(f) where there are dependants of the worker other than those mentioned in clauses (a) to (e), a sum which the board determines to be reasonable and proportionate tot he pecuniary loss of the dependants occasioned by the death, but not exceeding,

(i) in the case of any one dependant, monthly payments of $152., and

(ii) in the case of all dependants of the working receiving compensation under this clause, an aggregate of $303. in any month.

Sec. 39.1 added.

20(3)

The Act is further amended by adding thereto, immediately after section 39 thereof, the following section:

Increase in allowance for accidents before 1985.

39.1

Where, as of June 30, 1987, a person is receiving a periodic payment under this Part as compensation in respect of a permanent disability arising from an accident that happened before January 1, 1985, the amount of the periodic payment shall, as of July 1, 1987, be increased by an amount determined in accordance with clause (a) or (b), as the case may be:

(a) if the accident happened before January 1, 1984, the amount shall be increased by 8.3%; and

(b) if the accident happened after December 31, 1983, and before January 1, 1985, the amount shall be increased by 4.1%.