|This is an unofficial archived version of The Public Printing Act|
as enacted by SM 1988-89, c. 1 on October 19, 1988.
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R.S.M. 1988, c. P240
The Public Printing 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
"government agency" means any board, commission association 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
(a) are appointed by an Act of the Legislature or by the Lieutenant Governor in Council, or
(b) if not so appointed, are, in the discharge of their duties, public officers or servants of the Crown, or for the proper discharge of their duties are, directly or indirectly, responsible to the Crown. ("organisme gouvernemental")
"micrographics" means all processes, techniques and methods of micro-reproduction on film of printed or other graphic matter regardless of the composition thereof. ("micrographie")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act. ("ministre")
"preparatory aspects of printing" means any design work, typesetting, paste up, artwork, composition, photography, preparation of negatives, and any other practice or process commonly accepted within the printing trade, used directly for or in conjunction with any production of printed matter. ("préparation à l'impression")
"printing" means all processes, techniques and methods of publication, duplication or reproduction, whether by type, photographic, offset, electrostatic, micrographing or other process, of written or graphic matter. ("impression")
"stationery and office supplies" means all stationery, accessories, supplies, consumables, and other articles generally used in offices but not including any office equipment, furnishings or fixtures. ("papeterie et fournitures de bureaux")
The Lieutenant Governor in Council may authorize the publication of an official gazette, to be called The Manitoba Gazette, for the publication of proclamations and official and other notices, and of all such matters whatsoever as may be from time to time required; and all advertisements, notices, or publications that, by any Act or law in force in the province, are required to be given by the government or any department thereof, or by any sheriff or other officer, or by any municipal authority, or by any officer, person or party whomsoever, shall be given in The Manitoba Gazette, unless some other mode of giving them is directed by law.
All advertisements, notices and documents whatever, relating to matters within the control of the Legislature, and that by any law are required to be published, shall be published in The Manitoba Gazette, unless any other mode of publication is prescribed by law.
The Lieutenant Governor in Council shall prescribe the conditions of the publication of The Manitoba Gazette and shall designate the public bodies, officers and persons to whom The Manitoba Gazette shall be sent, and shall make a tariff of charges to be paid for the publication of notices, advertisements, and documents to be published in The Manitoba Gazette, and the price of subscription to The Manitoba Gazette.
Any notice directed by law to be published in The Manitoba Gazette may not be published unless arrangements for the payment of proper rates and charges in that behalf have been made with the person authorized to receive them.
An officer, who shall be known as the Queen's Printer, and such clerks and other employees as may be required for the proper conduct of the business of his office, and to enable him properly to discharge his duties, may be appointed as provided in The Civil Service Act.
During the reign of a queen every reference in this Act and in every other Act of the Legislature to the King's Printer shall, unless the context otherwise requires, be deemed to refer to the Queen's Printer; and during the reign of a king every reference in this Act and in every other Act of the Legislature to the Queen's Printer shall, unless the context otherwise requires, be deemed to refer to the King's Printer.
The Queen's Printer, under the direction of the minister, has the management and control of all printing, preparatory aspects of printing, micrographics, statutory publications and provision of stationery and office supplies for the government and several departments thereof and government agencies that are not incorporated; and has such other powers, and shall discharge such other duties, as are conferred or imposed upon him by this Act or any other Act of the Legislature.
Subject to subsections (2) and (3),
(a) all printing, preparatory aspects of printing, micrographics, statutory publication and supplies and services with respect thereto;
(b) all advertising; and
(c) all stationery and office supplies;
required for the use of the assembly or for any of the several departments of the government or of any government agency that is not incorporated shall be done, executed, obtained or purchased upon or under a contract or order approved by the Queen's Printer or some other official of the government designated by the minister for the purpose of this section; and all accounts for such work and supplies shall be approved by the Queen's Printer or the official so designated.
Subsection (1) does not apply to the purchase of books, newspapers, pamphlets, magazines, reviews, reports and publications that are required for use of the assembly, or of any of the several departments of the government or of any government agency that is not incorporated, and that are not published by the government and such books, newspapers, pamphlets, magazines, reports and publications may be purchased without reference to the Queen's Printer or the general purchasing agent.
Subsection (1) does not apply to any printing, preparatory aspects of printing or micrographics, or any supplies or services with relation thereto that are done or executed by a person in the service of the government or by or on a machine or equipment owned or operated by the government.
In the case of
(a) the statutes of the province, including unofficial consolidations, commonly called "office consolidations," thereof;
(b) The Manitoba Gazette;
(c) the votes and proceedings of the assembly ;
(d) the orders of the day of the assembly;
(e) the journals of the assembly;
(f) the public accounts of the province; and
(g) such other publications as the minister may prescribe;
unless the printing thereof is done by the Queen's Printer, the contract or order for the printing thereof shall be let by public competition or tender after due advertisement, and shall be for a period not exceeding three years.
Upon a requisition therefor approved in accordance with subsection (2), the Queen's Printer shall supply any printing, preparatory aspects of printing, micrographics, statutory publications or stationery and office supplies, or any of them, to any department or government agency or officer of the assembly.
For the purposes of subsection (1), a requisition shall be approved in writing
(a) in the case of a requisition for supplies to a department of the government or a government agency that is not incorporated, by the member of the Executive Council responsible for the administration of the department or agency or by an official of that department or agency designated by the member of the Executive Council for the purposes of this section;
(b) in the case of a requisition for supply to a government agency that is incorporated by the head of the agency or by an official of the agency who has been designated by the head of the agency for the purposes of this section; and
(c) in the case of a requisition for supply to officers of the Assembly, by a member of the Legislative Assembly Management Commission or an officer of the Assembly designated by the Legislative Assembly Management Commission for the purposes of this section.
The Minister of Finance, on the requisition of the minister, may provide, out of the Consolidated Fund, working capital for those functions of the office of the Queen's Printer that relate to printing, binding and related services done in the office of the Queen's Printer and for the provision of stationery and office supplies.
Subject to subsections (3) and (4), working capital provided under subsection (1) shall be placed to the credit of an account specified by the Minister of Finance in the books of the government and all disbursements in connection with the supply, procurement or provision of printing, preparatory aspects of printing, micrographics, statutory publications and stationery and office supplies, including salaries of persons employed in the office and plant of the Queen's Printer, shall be charged to that account and all moneys paid to the Queen's Printer, or otherwise received for or in respect of printing, preparatory aspects of printing, micrographics, statutory publications and stationery and office supplies shall be credited to that account.
The costs of publishing the Manitoba Gazette shall be charged to and paid from funds authorized under an Act of the Legislature and all revenues received from the publication of the Manitoba Gazette, including the fees and charges for notices published therein, shall be paid to the Minister of Finance and form part of the Consolidated Fund.
The salaries of the Queen's Printer and of any other person employed in the Office of the Queen's Printer who is not engaged in the supply, procurement or provision of printing, preparatory aspects of printing, micrographics, statutory publications, and stationery and office supplies, and any other costs incurred in the Office of the Queen's Printer that do not relate directly to those functions, shall be paid from funds authorized under an Act of the Legislature to be paid and applied for those salaries and costs.
Publications in The Manitoba Gazette, and all copies of the statutes of the province, the journals of the assembly, sessional papers and all other documents, printed or purported to be printed by any Queen's Printer or King's Printer, are authentic and make proof of their contents without any other evidence; and all publications and copies of statutes, so purporting to be printed, shall be held, prima facie, to be authentic copies of the originals thereof respectively, and shall in all courts and proceedings be admitted in evidence without proof, as the originals might be.
Where the Lieutenant Governor in Council, under the authority of any former Act of the Legislature, authorized any person to print and publish any of the documents referred to in section 14 that the Legislature required to be published, all copies so printed by the person so authorized are as authentic and make proof as if they were printed by the Queen's Printer; and all such copies purporting to be printed by the person under the authority of the Lieutenant Governor in Council as aforesaid shall be held to be as effectual as if printed by a regularly appointed Queen's Printer.
All sheriffs advertisements and other legal and official advertisements shall be published in such newspapers as the Lieutenant Governor in Council from time to time directs; but this section does not authorize the transfer from The Manitoba Gazette to any other newspaper of advertisements that are required by law to be published in The Manitoba Gazette.
Subsection (1) does not apply to advertising, the whole cost of which is payable by municipalities.
The Clerk of the Legislative Assembly shall furnish the Queen's Printer with a certified copy of every Act of the Legislature, as soon as it has received assent or, if any bill has been reserved, so soon as the assent thereto has been proclaimed in the province, and also, from time to time during the continuance of any session of the Legislature, with the necessary data or manuscript to enable the Queen's Printer to publish the journals of the assembly and the sessional papers thereof.
The Queen's Printer shall, immediately after the close of each session of the Legislature or so soon thereafter as may be practicable, deliver or transmit by post or otherwise, in the most economical mode, the proper number of printed copies of the Acts of the session (to be printed by him at the public expense), to each member of the assembly and to such public departments, administrative bodies and officers throughout Canada as may be specified in any order made by the Lieutenant Governor in Council.
When any bill receives assent during, and before the termination of, any session of the Legislature, the Queen's Printer shall, on intimation to that effect from the minister, cause distribution to be made of the number of copies thereof to the same parties, and in like manner, as is hereinbefore provided in regard to the Acts of any session.
The minister shall, within 15 days after the close of each session of the Legislature, transmit to the Queen's Printer a list of all the public departments, administrative bodies and officers to whom the copies are to be transmitted, as aforesaid, and shall also, as occasion requires, furnish him with copies of all orders in council made under this Act.
The Queen's Printer shall, before the opening of each session of the Legislature, make a report to the minister on the operations of his office since the date of the last preceding report; and the report shall include a statement of his accounts for the last preceding fiscal year of the province accompanied by the report of the Provincial Auditor on the audit thereof.
The minister shall lay before the assembly within 15 days of the opening of the next succeeding session, every report received pursuant to subsection (1).
The Queen's Printer shall, whenever required by the minister, make a report to him respecting any matter that he shall specify, and containing full information with regard to stock on hand, receipts and expenditures, and such other matters connected with the operations of the Office of the Queen's Printer, including the accounts thereof, as the minister may prescribe.
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under and in accordance with the authority granted by this Act has the force of law.