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The Jobs Fund Act
This is an unofficial archived version of The Jobs Fund Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. J5

The Jobs Fund Act

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

Definitions.

1

In this Act

"agency of the government" means any board, commission or other body, whether incorporated or unincorporated, all the members of which, or all the members of the board of management or board of directors of which are appointed by the Lieutenant Governor in Council; ("organisme gouvernemental")

"assistance" means assistance of a monetary type and assistance by way of providing services or assets in kind, and without limiting the generality of the foregoing includes assistance provided by way of grants, advances, loans, guarantees, forgiveness of interest or principal on loans or debts, investment in capital of a corporation, firm, syndicate or association, purchase of share options in the capital of a corporation, gifts of real or personal property, purchase of assets of a corporation, firm, syndicate or association, and undertaking, solely or jointly with another, any business or the development of any property. ("aide")

General purpose of Act.

2(1)

The general purpose and intent of this Act is to encourage the long term development of the economy of Manitoba and thereby to assist in the creation and preservation of employment and other economic opportunities in the province.

Specific purposes.

2(2)

Specifically, and without limiting the generality of subsection (1), it is the purpose of this Act to mobilize available resources to support

(a) expansion and diversification of the Manitoba economy;

(b) improved cooperation among all sectors in the economy;

(c) additional private and public investment in the province;

(d) job creation and job preservation;

(e) training and retraining;

(f) such other undertakings as may be appropriate to expand employment and create productive, long-term assets for the people of Manitoba.

Establishment of programs.

3(1)

The Lieutenant Governor in Council may make regulations

(a) establishing programs to carry out the purpose and intent of this Act through the provision of assistance; and

(b) respecting the form and nature of assistance to be provided under a program established under clause (a) and the terms and conditions under which such assistance will be provided.

Administrative direction.

3(2)

The Lieutenant Governor in Council may direct one or more agencies of the government to administer a program or agreement or take specific actions as provided in the regulations made under subsection (1) and to provide such assistance in accordance with said regulations, and upon an agency of the government being directed under this section to provide assistance, it may administer programs and agreements, and may take such actions as may be required in the provision of the assistance, including the taking of security and the enforcing of same in respect of loans, grants, advances or guarantees, and has all the power and capacity to do so, notwithstanding any limitations or restrictions to the contrary in other Acts of the Legislature respecting the agency of the government.

Internal administration.

3(3)

Notwithstanding subsection (2), the Lieutenant Governor in Council may direct that assistance provided under regulations made under subsection (1) may be administered wholly or partly by a member of the Executive Council through a department of the Executive Government of the province.

Authority for loans and agreements.

3(4)

The minister or agency of the government responsible for administering regulations made under subsection (1) may

(a) enter into agreements authorized under the regulations in accordance with the regulations; and

(b) take other specific actions necessary in providing assistance to carry out the purpose and intent of the regulations.

Agreements.

4(1)

With the approval of the Lieutenant Governor in Council, the government or an agency of the government may enter into an agreement with the Government of Canada, the government of another province of Canada, a municipality, or any person, for the purpose of carrying out the purpose and intent of this Act or respecting the provision of assistance to a party to the agreement or to others.

Non regulated assistance.

4(2)

An agreement entered into under subsection (1) may relate to assistance provided otherwise than under regulations made under subsection 3(1).

Special assistance.

4(3)

With the approval of the Lieutenant Governor in Council, a member of the Executive Council or an agency of the government may provide assistance described in the order in council to a person specified in the order in council otherwise than under regulations made under subsection 3(1).

Transfer of real property.

4(4)

With the approval of the Lieutenant Governor in Council, the government may grant or transfer land to any person as part of a program established under subsection 3(1) or as part of assistance provided under subsection (3) or an agreement approved under subsection (1).

Authority for expenditure.

5(1)

The Minister of Finance on the requisition of the member of the Executive Council charged by the Lieutenant Governor in Council with the responsibility of administering any program or agreement, or taking any action, authorized under this Act or the regulations, may make payments in accordance with the regulations made under subsection 3(1) or any order in council passed under section 4.

Transfer of personal property.

5(2)

Any member of the Executive Council charged with the management of any personal property of the government, on the requisition of the member of the Executive Council charged by the Lieutenant Governor in Council with the responsibility of administering any program or agreement, or taking any action, authorized under this Act or the regulations, may loan, sell, lease, or transfer the personal property to any person specified in the requisition for the purposes of carrying out any program of assistance in accordance with the regulation made under subsection 3(1) or any order in council passed under section 4.

Public sector transfers.

6(1)

Where under an Act of the Legislature, authority is granted to transfer money authorized to be expended for any purpose to an appropriation to be expended for the purposes of this Act, the Minister of Finance may further transfer that money to a trust account in the accounts of the government to be expended

(a) for the purposes of this Act in respect of any program established under subsection 3(1) or any assistance to be provided under an order in council passed under section 4; or

(b) in accordance with any agreement made by the government as to the expenditure of that money, or any part thereof.

Transfers of money received from outside Consolidated Fund.

6(2)

Where money is received from outside the Consolidated Fund for purposes similar to the purposes of this Act, the Minister of Finance may transfer the money so received into a trust account in the accounts of the government to be expended

(a) for the purposes of this Act in respect of any program established under subsection 3(1) or any assistance to be provided under an order in council passed under section 4; or

(b) in accordance with any agreement made by the government under which the money is received by the government.

No lapse of trust funds.

6(3)

Where money is transferred to a trust account under this section, the authority to expend the money in the trust account does not lapse at the end of any fiscal year of the government but may be expended during any fiscal year of the government.

Effect of raising money for Manitoba Jobs Fund.

7(1)

Money raised by way of loan or loans upon the credit of the government under authority of any Act of the Legislature for the Manitoba Jobs Fund shall be raised for the total requirements of the Manitoba Jobs Fund and not for any particular specific purpose, and the Lieutenant Governor in Council may designate any purpose within the intent of this Act for which the money raised for the Manitoba Jobs Fund may be expended, and may determine the form and nature of any assistance authorized under the the Manitoba Jobs Fund including the terms and conditions under which any specific program will operate, and the use of money for any specific purpose does not affect the use of any other money raised for that same specific purpose.

Other previously voted authority.

7(2)

Where a specific program or purpose has been designated to be part of the the Manitoba Jobs Fund, and there is unused previously voted expenditure authority for that specific program or purpose, when money is expended on the program or purpose it may be shown in the records of the government as expenditure of the the Manitoba Jobs Fund.

Recital in orders in council re expenditures.

7(3)

A recital or declaration in an order of the Lieutenant Governor in Council authorizing the expenditure of money provided for the Manitoba Jobs Fund for any purpose designated by the Lieutenant Governor in Council, that the expenditure is necessary for any assistance provided under this Act and is an expenditure under the the Manitoba Jobs Fund, is conclusive proof of that fact.

Authority for expenditure.

7(4)

The money necessary for taking any specific actions under authority of this Act shall be provided from money authorized to be so paid and applied under an Act of the Legislature.

Receipts.

7(5)

Where money raised under a Loan Act is expended from the the Manitoba Jobs Fund for or in respect of the provision of assistance, receipts or recoveries pertaining thereto shall be used to retire, or provide for the retirement of any debt incurred to raise money for the the Manitoba Jobs Fund.

Authorization of regulatory board not required.

8(1)

Where a municipality, public body, corporation or other person is required to receive authorization or approval from The Municipal Board or other regulatory body before borrowing or expending money for any purpose, if money is provided to, or the repayment of the principal of and the interest on such money is guaranteed on behalf of, the municipality, public body, corporation or other person under this Act, the Lieutenant Governor in Council may exempt the municipality, public body, corporation or other person from obtaining the authorization or approval; and where the exemption is granted, any by-law or resolution passed by the municipality, public body, corporation or other person with respect to the borrowing or expenditure of the money is not invalid solely by reason of the lack of that authorization or approval and the validity of the by-law or resolution shall not be questioned in any action, suit or proceedings in any court for lack of that authorization or approval.

Municipal Act provisions may be waived or varied.

8(2)

Where a municipality is required to follow certain procedures under The Municipal Act before borrowing or expending money for any purpose, if money is provided to, or the repayment of the principal of and the interest on such money is guaranteed on behalf of the municipality under this Act, the Lieutenant Governor in Council may waive the requirement to follow the procedures or may vary the procedures; and where the exemption is granted any by-law or resolution passed by the municipality with respect to the borrowing or expenditure of the money for that purpose is not invalid solely by reason of non-observance of the requirements of The Municipal Act, and the validity of the by-law or resolution shall not be questioned in any action, suit or proceeding in any court for non-observance of the requirements.

Recitals in orders in council re programs, etc.

9

A recital or declaration in an order in council that a program, agreement or other action or any assistance, is necessary to fulfil the purpose and intent of this Act is conclusive proof of that fact.