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as enacted by SM 1988-89, c. 1 on October 19, 1988.
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R.S.M. 1988, c. T155
The Treasury Branches Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"agent" means a person with whom the minister has entered into an agreement or arrangement under section 11 providing for the appointment of the person as an agent of the minister; ("mandataire")
"branch" means a Manitoba Treasury Branch; ("caisse")
"department" means the Department of the Executive Government of Manitoba through which the minister administers The Financial Administration Act; ("ministère")
"depositor" means a person who has entered into a contract with the minister providing for the making of deposits in a branch; ("déposant")
"employee" means a person employed by the government under the minister in the operation and management of a branch; ("employé")
"fund" means the Treasury Branches Fund established in accordance with section 12; ("Fonds")
"minister" means the member of the Executive Council charged with the administration of The Financial Administration Act; ("ministre")
"superintendent" means the superintendent of Manitoba Treasury Branches. ("directeur")
The government may establish and operate branches of the department at various places within the province.
A branch of the department established and operated under section 2 shall be called a "Manitoba Treasury Branch".
The powers, duties and functions conferred or imposed on the minister or the superintendent by this Act or by any contract, arrangement or other transaction made under this Act,
(a) may be exercised and performed in the name of Manitoba Treasury Branches or in the name of a Manitoba Treasury Branch; and
(b) shall be deemed to be exercised and performed for and on behalf of the government;
whether those powers, duties and functions are exercised or performed by the minister or by the superintendent or by an employee or by an agent.
Designation of superintendent.
The minister may designate a person employed by the government in the department as superintendent of treasury branches.
The superintendent may
(a) exercise the powers and perform the duties of the minister under sections 7, 8, 9, 10 and 11, and subsection 12(1);
(b) delegate any of his powers and duties under this Act or the regulations to employees;
(c) prescribe forms required for the purposes of the business and affairs of branches.
The minister may receive deposits subject to the terms and conditions of any contract made by the depositor under this Act.
Subject to this Act, the minister may enter into contracts with any person pertaining to the making of deposits with the minister and the operation of an account in a treasury branch.
Every contract made under subsection (1) shall provide
(a) for the manner and conditions under which any sum deposited under the contract is to be dealt with by the minister while so deposited with him;
(b) the manner and conditions under which, and the times at which, the sum deposited is to be repaid, withdrawn or transferred;
(c) for the payment of such interest, if any, as may be agreed upon between the minister and the depositor to be paid upon any balance standing at the credit of the depositor in the branch; and
(d) that such charges may be made in connection with the operation of the account as may be agreed upon between the minister and the depositor.
Notwithstanding the terms and provisions of any contract, the minister may, in accordance with, and subject to any limitation prescribed by, the regulations,
(a) pay moneys from the fund on such security for repayment as may be taken by a bank under The Bank Act (Canada) and acquire security for any such payment and realize any security so acquired; and
(b) use money in the fund to make purchases of goods, wares or merchandise for re-sale on such terms as to payment as may be agreed upon.
The minister may enter into contracts or other arrangements with anyone
(a) for the rental of safety deposit boxes at branches; and
(b) for the safekeeping of valuables at branches otherwise than by the rental of safety deposit boxes.
Where a contract or arrangement is entered into under subsection (1), the government, the minister, the superintendent and employees are not liable for any breach of duty for the safekeeping of the contents of a safety deposit box (or of any valuables left for safekeeping) by a branch beyond the duty to exercise ordinary diligence to prevent the loss or theft of or damage to all or any of the contents of the safety deposit box or the valuables placed with the branch for safekeeping under the contract or other arrangement.
Personal liability of employees.
No personal liability attaches under this section to any employee by reason only of his having entered into a contract or arrangement under this section on behalf of the minister.
The minister may enter into agreements or arrangements with any person providing for the appointment of that person as an agent of the minister for the purpose of receiving deposits under this Act and for any other purpose specified under the agreements or arrangements, and providing for the remuneration to be paid to that person in respect of the performance of his duties and functions under the agreements or arrangements.
Treasury branches acting for other persons.
The minister may enter into agreements or arrangements with any person respecting the provision to the person through branches of services relating to receiving and handling money payable to the person.
There shall be established a fund to be called the "The Treasury Branches Fund" which shall be administered by the minister in accordance with this Act and which is not part of the Consolidated Fund.
Sections 17, 18 and 19 and Part III of The Financial Administration Act and section 11 of The Provincial Auditor's Act do not apply to expenditures from the fund.
There shall be paid into the fund all moneys, funds or revenues received in the course of the operation of the branches.
All securities, investments or purchases made or taken by the fund under clauses 9(a) and 9(b) shall be credited to the fund.
There shall be paid from the fund
(a) moneys payable to depositors in accordance with their contracts with the minister;
(b) moneys payable as the purchase price for securities, investments, goods, wares or merchandise purchased by the fund;
(c) all other obligations or expenditures incurred in the course of the operation of the fund or the branches except those that are specified by the minister as not being chargeable to the fund.
Expenditures in connection with the operation of the branches that are not to be paid out of the fund under subsection (1) shall be paid from the Consolidated Fund with moneys authorized under an Act of the Legislature to be so paid and applied.
For the operation of the branches the Lieutenant Governor in Council may advance amounts not exceeding in aggregate $500,000. or such larger amounts as may be authorized by the Legislature and under such terms and conditions as are set by the Lieutenant Governor in Council.
The minister may at any time transfer all or any portion of the surplus of the fund into the Consolidated Fund.
Reserve for losses on security.
The minister, in order to make provision for possible losses on any security acquired by him under clause 9(a), may establish out of the surplus of the fund a reserve to be known as the "Reserve for Losses on Security" which shall be administered by the minister and does not form part of the Consolidated Fund.
The superintendent may charge against the Reserve for Losses on Security any debt or portion thereof due to the minister and arising in connection with the operation of a branch and that
(a) has become irrecoverable or only partially recoverable; and
(b) has been written off under section 25 of The Financial Administration Act.
Grants in lieu of business tax.
The minister may each year pay from the fund to any municipality within which a treasury branch is situated a grant not exceeding the amount that would be recoverable by the municipality if the premises were subject to the business tax of the municipality for that year.
The minister is not bound to see to the execution of any trust, whether expressed, implied or constructive, to which any deposit in a branch may be subject.
The receipt of the depositor in whose name a deposit stands in the books of a branch is a sufficient discharge to the minister for any payment made in respect thereof, notwithstanding any trust to which it may then be subject and whether the minister has or has not had notice of the trust.
The minister is not bound to see to the application of money paid upon a receipt mentioned in subsection (2).
For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make regulations ancillary thereto and not inconsistent therewith; and every regulation made under, and in accordance with the authority granted by, this section has the force of law.
The Provincial Auditor shall, at least once a year and at such other times as the minister may direct, make an audit of the books, accounts and vouchers of the branches, and report the result of the audit to the minister.
The report of the Provincial Auditor on an audit made under subsection (1) shall be published in the Public Accounts.
Public bodies may deal with branches.
Notwithstanding any other Act, any municipality, school district, school division, local government district, hospital district, or any board or commission created by or under an Act of the Legislature, and any agency of the government, may
(a) receive orders upon a branch in payment of taxes, fees, debts or other liabilities;
(b) make deposits in any branch; and
(c) enter into a contract with the minister as a depositor under the provisions of this Act.
Conflict with Financial Administration Act
Where there is a conflict between the provisions of this Act and the provisions of The Financial Administration Act, or any other Act of the Legislature, the provisions of this Act prevail.
This Act comes into force on a day fixed by proclamation.