as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. S220
The Suitors' Moneys Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act
"accountant" means the accountant of the Court of Queen's Bench and includes a deputy accountant of the Court of Queen's Bench and any other person for the time being discharging the duties of the accountant of the Court of Queen's Bench; ("comptable" )
"court" means the Court of Queen's Bench; ("tribunal")
"minister" means the member of the Executive Council charged with the administration of The Financial Administration Act; ("ministre" )
"rules" means rules of the court. ("règles")
For the purposes of this Act, moneys paid into court do not include
(a) money paid into court by way of a fine or penalty imposed
(i) for an offence under an Act of Parliament or any regulation made thereunder or under an Act of the Legislature or any regulation made thereunder, or
(ii) for being in contempt of a court or of any order or judgment of a court; or
(b) money deposited in court for or on behalf of a person required to deposit the money as a condition of his being released from custody.
All moneys paid into court shall be paid to the accountant and, if paid by cheque, the cheque shall be made payable to the minister.
The accountant shall deposit all moneys paid into court under subsection (1) to the credit of the minister in such bank and such account therein, as is designated by the minister and shall advise the minister of the deposit forthwith.
Moneys paid into court under subsection (1) form part of the Consolidated Fund and shall be held in trust for the credit of the several persons entitled thereto and the amount to which each person is entitled shall be separately recorded.
Moneys shall be paid out of court to or for the benefit of the person entitled thereto by cheque issued in accordance with the rules of the court and The Financial Administration Act and the amount paid out shall be debited to the account of the person entitled thereto.
The accountant shall keep a record of all moneys paid into court and deposited in accordance with section 3 and held from time to time by the minister for the credit of any person and of all amounts paid out under section 4 and debited to the account of that person.
Rules ancillary to this Act respecting the payment of moneys into and out of court may be made in the same manner as rules of the court may be made under the Act establishing the court or under which the court is established.
Subject to the regulations moneys deposited to the credit of the minister under section 3 bear interest at a rate fixed from time to time by the regulations.
Interest earned on moneys deposited to the credit of the minister under section 3 shall be credited and compounded in accordance with the regulations and the accountant shall advise the minister of the amounts of interest so credited and compounded in respect or each amount to which a person is entitled.
Where moneys paid into court in respect of an action have not, within two years after the moneys were paid, been paid out of court, the accountant shall cause a notice setting out the style of cause of the action and the amount to the credit of the account in respect of the moneys paid in to be sent by mail
(a) where the person entitled to the moneys, or any part thereof, has been determined, to that person or to his solicitor of record in the action; and
(b) where the person entitled to the moneys, or any part thereof, has not been determined, to every party to the action or to their solicitors of record in the action;
and if the moneys have not been paid out of court within five years after they were paid in, the accountant shall cause like notices to be sent by mail as provided in this subsection.
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 for moneys paid into court 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.
Where any person establishes that he has a legal claim to any moneys transferred out of the account for moneys paid into court, the minister shall pay the amount transferred to the person from and out of the Consolidated Fund without any further or other authority than this Act.
The Lieutenant Governor in Council may make regulations ancillary to this Act and not inconsistent therewith, and every regulation made under, and in accordance with the authority granted by, this section has the force of law and without restricting the generality of the foregoing the Lieutenant Governor in Council may make regulations
(a) fixing the rate of interest that moneys paid into court under section 3 shall bear;
(b) respecting the manner and times of crediting and compounding interest that moneys paid into court under section 3 bear;
(c) providing that where the amount paid into court in respect of an action does not exceed a specified amount, it shall not bear interest under section 7.