4th Session, 40th Legislature
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Bill 41
THE STATUTES CORRECTION AND MINOR AMENDMENTS ACT, 2015
| Table of Contents | Bilingual version (PDF) | Explanatory Note |
TABLE OF CONTENTS
Section
PART 1 — GENERAL
1 The Advanced Education Administration Act
2 The Agricultural Societies Act
3 The Cattle Producers Association Act
4 The Child and Family Services Authorities Act
5 The Condominium Act
6 The Condomimium Act and Amendments Respecting Condominium Conversions (Various Acts Amended)
7 The Consumer Protection
8 The Convention Centre Corporation Act
9 The Provincial Court Act
10 The Court of Queen's Bench Act
11 The Court of Queen's Bench Small Claims Practices Act
12 The Education Administration Act
13 The Emergency Measures Act
14 The Emissions Tax on Coal and Petroleum Coke Act
15 The Expropriation Act
16 The Family Property Act
17 The Farm Lands Ownership Act
18 The Farm Practices Protection Act
19 The Fisheries Act
20 The Health Services Insurance Act
21 The Highway Traffic Act
22 An Act to Amend The Highway Traffic Act (2)
23 The Highway Traffic Amendment Act (Enhanced Safety Regulation of Heavy Motor Vehicles)
24 The Horse Racing Commission Act
25 The Hospitals Act
26 The Income Tax Act
27 The Interpretation Act
28 The Landlord and Tenant Act
29 The Legal Aid Manitoba Act
30 The Liquor and Gaming Control Act
31 The Manitoba Conference Corporation of the Seventh-Day Adventist Church Act
32 The Marriage Act
33 The Mortgage Act
34 The Municipal Act
35 The Municipal Assessment Act
36 The Provincial Parks Act
37 The Personal Property Security Act
38 The Pharmaceutical Act
39 The Provincial Offences Act
40 The Manitoba Public Insurance Corporation Act
41 The Public Schools Act
42 The Regulated Health Professions Act
43 The Securities Act
44 The Summary Convictions Act
45 The Surveys Act
46 The University of Manitoba Act
47 The Vital Statistics Act
PART 2 — APPOINTMENTS
48 The Brandon University Act
49 The Buildings and Mobile Homes Act
50 The CancerCare Manitoba Act
51 The Funeral Directors and Embalmers Act
52 The Manitoba Hazardous Waste Management Corporation Act
53 The Helen Betty Osborne Memorial Foundation Act
54 The Human Rights Code
55 The Law Reform Commission Act
56 The Public Libraries Act
57 The Research Manitoba Act
58 The Travel Manitoba Act
59 The Social Services Appeal Board Act
60 The Université de Saint-Boniface Act
61 The University College of the North Act
62 The University of Winnipeg Act
63 The Veterinary Services Act
64 The Manitoba Women's Advisory Council Act
65 The Women's Institutes Act
66 The Workplace Safety and Health Act
PART 3 — COMING INTO FORCE
67 Coming into force
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
PART 1
GENERAL
THE ADVANCED EDUCATION ADMINISTRATION ACT
Subsection 2(3) of the English version of The Advanced Education Administration Act is amended in the section heading and in clause (e) by striking out "advanced education" and substituting "advanced learning".
THE AGRICULTURAL SOCIETIES ACT
Subsection 33(2) of the French version of The Agricultural Societies Act is amended by striking out "Loi sur les prélèvements" and substituting "Loi concernant les prélèvements".
THE CATTLE PRODUCERS ASSOCIATION ACT
Subsection 6(2) of The Cattle Producers Association Act is replaced with the following:
The association must not
(a) exercise any of its powers in a manner contrary to this Act or the administration by-law referred to in section 10; or
(b) on its own behalf, engage in producing, buying, selling or processing cattle unless it engages in the activity in the course of carrying out one or more of the objects or powers set out in clauses (1)(a) to (c).
THE CHILD AND FAMILY SERVICES AUTHORITIES ACT
The Child and Family Services Authorities Act is amended by this section.
The definition "Southern Authority" in subsection 1(1) is replaced with the following:
"Southern Authority" means the Southern First Nations Network of Care established in section 4. (« Régie du Sud »)
Clause 4(b) is replaced with the following:
(b) the Southern First Nations Network of Care (formerly the First Nations of Southern Manitoba Child and Family Services Authority);
Subsection 6(3) is replaced with the following:
The board of directors of the Southern Authority is to be appointed by the Southern Chiefs' Organization Inc.
THE CONDOMINIUM ACT
The Condominium Act is amended by this section.
The centred heading before section 61 of the French version is amended by striking out "D'ÉTAT" and substituting "D'INFORMATION".
Section 61 of the French version is amended by striking out "d'état" wherever it occurs and substituting "d'information".
Subsections 205(12) and 213(6) of the French version are amended by striking out "bailleur" and substituting "locateur".
THE CONDOMINIUM ACT AND AMENDMENTS RESPECTING CONDOMINIUM CONVERSIONS (VARIOUS ACTS AMENDED)
S.M. 2011, c. 30, Schedule A amended
The Condominium Act, as enacted by S.M. 2011, c. 30, Schedule A, is amended by this section.
Section 306 is replaced with the following:
Consequential amendment, C.C.S.M. c. R30
Subsection 45(5) of The Real Property Act is amended by striking out "and" at the end of clause (j) and replacing clause (k) with the following:
(k) any notice under subsection 21(1), 235(3) or 241(2) of The Condominium Act; and
(l) any change agreement registered under subsection 179(1) of The Condominium Act.
Subsection 307(4) of the French version is replaced with the following:
Le paragraphe 42(3) est modifié par substitution, à « paragraphe 5(2.8) ou (2.9) », de « paragraphes 30(1) ou (2) ».
Subsection 307(5) is replaced with the following:
Subsection 56.1(3) of the English version is amended by adding "condominium" before "corporation" wherever it occurs.
THE CONSUMER PROTECTION ACT
The Consumer Protection Act is amended by this section.
Section 40 is amended by striking out "is not entitled to" and substituting "must not".
Subsection 75(1) is amended by striking out everything after "under this Act".
The following is added after subsection 75(1):
Director may determine person needs licence
Where goods or services, or both, are intended for resale or rehire, directly or indirectly in a manner to which Part VII and this Part apply, the director may determine that the person is required to be licensed as a vendor under this Part.
Subsection 102(1) is amended by striking out everything after "that differs from" and substituting "under which the agent is licensed.".
The following is added after subsection 102(1):
Licence issued in one name only
Each collection licence shall be issued in one name only.
THE CONVENTION CENTRE CORPORATION ACT
The Convention Centre Corporation Act is amended by this section.
The definition "convention centre" in section 1 is replaced with the following:
"convention centre" means the Winnipeg Convention Centre that is situated on parcels of land owned by The City of Winnipeg within the area bounded
(a) by Edmonton Street, by York Avenue, by Carlton Street and by St. Mary Avenue; and
(b) by Edmonton Street, by York Avenue, by Carlton Street and by a public lane on the south;
and also includes a skywalk and associated structure located above York Avenue that connects the buildings on the parcels of land described in clauses (a) and (b). (« Centre des congrès »)
Subsection 11(3) is amended in the part before clause (a) by adding "or a member appointed by the Lieutenant Governor in Council" at the end.
The following is added after subsection 11(3):
Term of office of LG in C appointee
A director appointed by the Lieutenant Governor in Council
(a) is to hold office for the term beginning on January 1 fixed in the order appointing the director, which may not exceed two years; and
(b) is eligible to hold office for a maximum of six consecutive years, but then is not eligible to hold office until at least two years after the end of the director's sixth year.
THE PROVINCIAL COURT ACT
Subsection 11.1(22) of the French version of The Provincial Court Act is replaced with the following:
Dépôt du rapport par le ministre
Le ministre dépose devant l'Assemblée le rapport du comité chargé de la rémunération dans les 15 jours suivant sa réception ou, si cette dernière ne siège pas, au plus tard 15 jours après la reprise de ses travaux.
THE COURT OF QUEEN'S BENCH ACT
The definition "family proceeding" in section 41 of The Court of Queen's Bench Act is amended by adding the following after clause (r.1):
(r.2) the Family Homes on Reserves and Matrimonial Interests or Rights Act (Canada), other than a proceeding related to the distribution of property on the death of a spouse or common-law partner set out in section 44 of that Act,
THE COURT OF QUEEN'S BENCH SMALL CLAIMS PRACTICES ACT
Subsection 6(1) of the French version of The Court of Queen's Bench Small Claims Practices Act is amended by adding "prévue" after "formule".
THE EDUCATION ADMINISTRATION ACT
The Education Administration Act is amended by this section.
Section 1 is amended
(a) by repealing the definition "bureau"; and
(b) by adding the following definition:
"learning resource centre" means the Manitoba Learning Resource Centre continued under section 9. (« Centre »)
Clause 4(1)(n) of the English version is amended by striking out "bureau" and substituting "learning resource centre".
The centred heading before section 9 is replaced with "MANITOBA LEARNING RESOURCE CENTRE".
Subsection 9(1) is replaced with the following:
The Manitoba Text Book Bureau is continued as the Manitoba Learning Resource Centre, and The Manitoba Text Book Bureau Account is continued as a separate account within the consolidated fund under the name "Manitoba Learning Resource Centre Account".
Subsections 9(2) to (6), 9(8) and 9(10) are amended
(a) by striking out "The Manitoba Text Book Bureau Account" wherever it occurs, and substituting "the Manitoba Learning Centre Account" with necessary grammatical changes; and
(b) in the English version, by striking out "the bureau" wherever it occurs and substituting "the learning resource centre".
THE EMERGENCY MEASURES ACT
The following is added after subsection 12(3) of The Emergency Measures Act:
Evacuation and rescue plan required
An on-site incident commander or site manager mentioned in subsection (3) must not permit a person to remain in an area that is subject to an evacuation order without having a plan for safely evacuating the person in a timely manner and having the means available to carry it out.
THE EMISSIONS TAX ON COAL AND PETROLEUM COKE ACT
The section heading for subsection 3(1) of The Emissions Tax on Coal and Petroleum Coke Act is amended by striking out "coal" and substituting "taxable fuel".
THE EXPROPRIATION ACT
Subsection 35(1) of the English version of The Expropriation Act is amended by striking out "The Queen's Bench Act" and substituting "The Court of Queen's Bench Act".
THE FAMILY PROPERTY ACT
Clause 6(2)(b) of the English version of The Family Property Act is amended by striking out "The Queen's Bench Act" and substituting "The Court of Queen's Bench Act".
THE FARM LANDS OWNERSHIP ACT
Subsection 3(11) of The Farm Lands Ownership Act is amended by striking out "10 acres" and substituting "40 acres".
THE FARM PRACTICES PROTECTION ACT
Clause 15(b) of The Farm Practices Protection Act is repealed.
THE FISHERIES ACT
Section 8 of the English version of The Fisheries Act is amended by striking out "The Queen's Bench Act" and substituting "The Court of Queen's Bench Act".
THE HEALTH SERVICES INSURANCE ACT
The definition "in-patient" in subsection 2(1) of the English version of The Health Services Insurance Act is amended by striking out "admitted to, and assigned" and substituting "admitted to and assigned".
THE HIGHWAY TRAFFIC ACT
The Highway Traffic Act is amended by this section.
Clause 4.2(1)(c) is amended by adding "or a regulation under that Act" after "The Drivers and Vehicles Act".
Clause 68(3.2)(b) is amended by striking out "published in The Manitoba Gazette under The Regulations Act" and substituting "registered and published under The Statutes and Regulations Act".
Subsection 68(3.6) is amended
(a) in the section heading, by adding "Statutes and" at the beginning; and
(b) by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
Subsection 86(4) is amended
(a) in the section heading, by adding "Statutes and" at the beginning; and
(b) by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
Subsection 134(3) is replaced with the following:
Stopping at uncontrolled railway crossings
Without limiting the application of subsection (2), a driver must also stop before proceeding across
(a) a controlled or uncontrolled railway crossing if the driver is driving a school bus, whether or not it is carrying passengers; or
(b) an uncontrolled railway crossing if the driver is driving
(i) a bus carrying passengers for compensation, or
(ii) a vehicle designed or used to carry flammable liquid or gas, whether or not it is empty.
Subsection 134(4) is amended in the part before clause (a)
(a) by striking out "clause (3)(a), (b) or (c)" and substituting "subsection (3)"; and
(b) in the English version, by striking out "shall" and substituting "must".
Subsection 134(5) is replaced with the following:
Required stopping distances — certain buses and trucks
In a case mentioned in subsection (2) or clause (3)(b), the driver of a vehicle mentioned in subclause (3)(b)(i) or (ii) must stop the vehicle
(a) not less than 5 m from the rail of the crossing nearest the vehicle's front if the crossing is in a restricted speed area; or
(b) not less than 15 m from the rail of the crossing nearest the vehicle's front in any other case.
Required stopping distances — school buses
In a case mentioned in subsection (2) or clause (3)(a), the driver of a school bus must stop it at the distance from the railway crossing prescribed in the regulations about school buses made under The Public Schools Act, whether or not
(a) the school in connection with which the school bus is operated is a school to which that Act applies; and
(b) those regulations apply to the school bus in the absence of this subsection.
The centred heading before section 242.2 is amended by striking out "PROSTITUTION RELATED OFFENCES" and substituting "SPECIFIED OFFENCES RELATED TO OBTAINING SEXUAL SERVICES OR PROCURING".
The following is added after subsection 242.2(1):
Specified offence related to obtaining sexual services or procuring
In this section, "specified offence related to obtaining sexual services or procuring" has the same meaning as in section 264.
Subsection 242.2(3) is replaced with the following:
Seizure of vehicle used in committing specified offence
A peace officer who on reasonable grounds believes that a motor vehicle is being operated in the course of committing a specified offence related to obtaining sexual services or procuring must seize the motor vehicle and take it into the custody of the law.
The following provisions are amended by striking out "an offence referred to in clauses (3)(a) to (c)" and substituting "a specified offence related to obtaining sexual services or procuring":
(a) subclause 242.2(8)(b)(ii);
(b) clause 242.2(12)(b);
(c) subclause 242.2(22)(a)(i).
The part of subsection 242.2(10) before clause (a) is amended by striking out "referred to in clauses (3)(a) to (c)".
The part of subsection 242.2(26) before clause (a) is amended by striking out "an offence referred to in that subsection" and substituting "a specified offence related to obtaining sexual services or procuring".
Clause 242.2(28)(b) is amended by striking out "the offences referred to in clauses (3)(a) to (c)" and substituting "specified offences related to obtaining sexual services or procuring".
Subsection 264(1) is amended
(a) by repealing the definition "prostitution-related offence"; and
(b) by adding the following definition:
"specified offence related to obtaining sexual services or procuring" means, subject to section 286.5 of the Criminal Code, any of the following offences under that Code if the offender drives a motor vehicle during the course of committing the offence:
(a) the offence of transporting a person to a common bawdy-house committed under section 211 before December 6, 2014,
(b) an offence committed under section 212 (procuring) before December 6, 2014,
(c) an offence under paragraph 213(1)(c) (communication) committed before December 6, 2014,
(d) an offence committed under subsection 213(1) (stopping or impeding traffic) for the purpose of obtaining sexual services for consideration,
(e) an offence committed under section 286.1 (obtaining sexual services for consideration),
(f) an offence committed under section 286.2 (material benefit from sexual services),
(g) an offence committed under section 286.3 (procuring); (« infraction visée se rapportant à l'obtention de services sexuels ou au proxénétisme »)
Subsection 264(6.1) is amended
(a) by replacing the section heading with "Suspension for specified offence related to obtaining sexual services or procuring"; and
(b) in the part before clause (a) and in clauses (a) and (b), by striking out "prostitution-related offence" and substituting "specified offence related to obtaining sexual services or procuring".
Subsection 273.3(1) is amended
(a) in the definition "alternative measures", by striking out everything after "Code" and substituting "in relation to the specified offence;";
(b) by repealing the definition "prescribed offence"; and
(c) by adding the following definition:
"specified offence" means any of the following offences under the Criminal Code:
(a) the offence under subsection 213(1) of doing any of the acts described in paragraph (a) or (b) of that subsection for the purpose of obtaining sexual services for consideration,
(b) the offence under paragraph 213(1)(c) of doing any of the acts described in that paragraph for the purpose of obtaining sexual services committed before December 6, 2014,
(c) an offence under subsection 286.1(1). (« infraction visée »)
Subsection 273.3(2) and clauses 273.3(6)(a) to (c) are amended by striking out "prescribed" and substituting "specified".
Subsection 322(2) of the French version is amended in the part before clause (a) by striking out "le registraire saisi d'une demande à cet effet," and substituting "s'il est saisi d'une demande à cet effet, le registraire".
AN ACT TO AMEND THE HIGHWAY TRAFFIC ACT (2)
S.M. 1987-88, c. 61 (unproclaimed Act repealed)
An Act to Amend The Highway Traffic Act (2), S.M. 1987-88, c. 61, is repealed.
THE HIGHWAY TRAFFIC AMENDMENT ACT (ENHANCED SAFETY REGULATION OF HEAVY MOTOR VEHICLES)
S.M. 2013, c. 49 (unproclaimed provision amended)
The Highway Traffic Amendment Act (Enhanced Safety Regulation of Heavy Motor Vehicles), S.M. 2013, c. 49, is amended by this section.
Clause (b) of the definition "regulated vehicle" in clause 2(b) is replaced with the following:
(b) it is designed for carrying 11 persons or more, including the driver,
THE HORSE RACING COMMISSION ACT
Subsections 9(2.1) and 15(1) and section 18 of the French version of The Horse Racing Commission Act are amended by striking out "Loi sur les prélèvements" wherever it occurs and substituting "Loi concernant les prélèvements".
THE HOSPITALS ACT
The definition "in-patient" in section 1 of the English version of The Hospitals Act is amended by striking out "admitted to, and assigned" and substituting "admitted to and assigned".
THE INCOME TAX ACT
The Income Tax Act is amended by this section.
Clause (d.1) of the definition "crédit d'impôt pour la recherche et le développement" in subsection 7.3(1) of the French version is amended in the part before subclause (i) by striking out "de l'ensemble" and substituting "l'ensemble".
Subclause 7.3(2.3)(a)(i) of the French version is amended by striking out "été tenue" and substituting "tenue".
THE INTERPRETATION ACT
The Schedule to The Interpretation Act is amended by adding the following definition:
"contravene" includes fail to comply with; (« contravention »)
THE LANDLORD AND TENANT ACT
The Landlord and Tenant Act is amended by this section.
Section 68 is amended by striking out "The Queen's Bench Act applies" and substituting "The Court of Queen's Bench Act and the Court of Queen's Bench Rules apply".
Subsection 72(1) is amended by striking out everything after "writ of possession".
THE LEGAL AID MANITOBA ACT
The following is added after subsection 17.1(1) of The Legal Aid Manitoba Act:
Interpretation: "interest in land"
For greater certainty, a person has an interest in land for the purpose of section 17.1 or 17.2 if
(a) he or she has a homestead right under The Homesteads Act in the land; or
(b) the land is a family asset of the person, as defined under The Family Property Act.
THE LIQUOR AND GAMING CONTROL ACT
Clause 157(2)(v) of The Liquor and Gaming Control Act is amended by striking out "types of classes" and substituting "types or classes".
THE MANITOBA CONFERENCE CORPORATION OF THE SEVENTH-DAY ADVENTIST CHURCH ACT
R.S.M. c. 1990, c. 94 repealed
The Manitoba Conference Corporation of the Seventh-Day Adventist Church Act, R.S.M. 1990, c. 94, is repealed.
THE MARRIAGE ACT
Clause 2(b) of The Marriage Act is replaced with the following:
(b) a representative of a religious denomination duly appointed or commissioned by the governing body of the religious denomination with special authority to solemnize marriages;
THE MORTGAGE ACT
Section 35 of The Mortgage Act is amended in the part after clause (b) by striking out "sections 73 and 92" and substituting "sections 73, 92 and 135.1 to 135.5".
THE MUNICIPAL ACT
Subsection 30(2) of The Municipal Act is amended
(a) in clause (c), by adding "or "The Municipality of [insert name]"" at the end;
(b) in clause (d), by striking out ""The Urban Municipality of [insert name]"" and substituting ""The Municipality of [insert name]""; and
(c) in clause (d.1), by striking out "a rural municipality and an urban municipality" and substituting "two or more municipalities".
THE MUNICIPAL ASSESSMENT ACT
Subclause 21(a)(iv) of The Municipal Assessment Act is repealed.
THE PROVINCIAL PARKS ACT
The following is added after clause 33(f) of The Provincial Parks Act:
(f.1) establishing a schedule of fines and costs, including reduced penalties for payment within specified time periods, for use in offence notices and tickets;
THE PERSONAL PROPERTY SECURITY ACT
Clause 4(k) of The Personal Property Security Act is amended by striking out "Canada Shipping Act" and substituting "Canada Shipping Act, 2001".
THE PHARMACEUTICAL ACT
Clause (a) of the definition "practitioner" in subsection 1(1) of The Pharmaceutical Act is amended by adding "or certified" after "licensed".
THE PROVINCIAL OFFENCES ACT
S.M. 2013, c. 47, Sch. A (unproclaimed Act amended)
Clause (b) of the definition "preset fine" in section 1 of The Provincial Offences Act, as enacted by Schedule A of S.M. 2013, c. 47, is amended by adding "or The Provincial Parks Act" after "The Public Works Act".
THE MANITOBA PUBLIC INSURANCE CORPORATION ACT
The Manitoba Public Insurance Corporation Act is amended by this section.
Subsections 2(4) and (5) are replaced with the following:
Subject to subsections (5) and (6), each director of the corporation, unless he or she sooner dies, resigns or is removed from office, is to hold office for the term fixed in the order appointing him or her, which may not exceed three years, and continues to hold office until a successor is appointed.
When a director of the corporation ceases to be a director before the expiration of his or her term of office, a person appointed to fill the vacancy so created, unless the person sooner dies, resigns or is removed from office, is to hold office for the remainder of the former director's term and continues to hold office until a successor is appointed.
Subsection 2(7) of the English version is amended
(a) by striking out "by him in discharging his duties" and substituting "by the director in discharging his or her duties"; and
(b) by striking out "his or their" and substituting "the director's".
Subsection 2(8) of the English version is amended by striking out "he does not thereby vacate or forfeit his seat" and substituting "for so doing the member of the Assembly does not vacate or forfeit his or her seat in the Assembly".
Subsection 2(10) of the English version is amended
(a) by adding "or she" after "he" wherever it occurs; and
(b) by striking out "by himself or members of his family" and substituting "by himself or herself or by members of his or her family".
Subsection 2(12) of the English version is amended
(a) by striking out "him" and substituting "the director";
(b) by striking out "his" wherever it occurs and substituting "the director's"; and
(c) by striking out "he" wherever it occurs and substituting "the director".
Section 23 is amended by striking out "clause 253(a) or (b)" wherever it occurs and substituting "clause 253(1)(a) or (b)".
Subsection 176(4) is replaced with the following:
A commissioner, other than the chief commissioner, is to be appointed for a term of not more than three years and continues to hold office until re-appointed or replaced.
THE PUBLIC SCHOOLS ACT
Subsection 52(2) of The Public Schools Act is repealed.
THE REGULATED HEALTH PROFESSIONS ACT
Subsection 7(2) of The Regulated Health Professions Act is amended
(a) in the section heading, by adding "Statutes and" before "Regulations Act"; and
(b) by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
THE SECURITIES ACT
Subsection 153(5) of The Securities Act is amended by striking out "the Bankruptcy Act (Canada), The Queen's Bench Act, The Corporations Act or the Winding-up Act (Canada)" and substituting "the Bankruptcy and Insolvency Act (Canada), The Court of Queen's Bench Act, The Corporations Act or the Winding-up and Restructuring Act (Canada)".
THE SUMMARY CONVICTIONS ACT
Clause (b) of the definition "set fine" in section 1 of The Summary Convictions Act is amended by adding "or The Provincial Parks Act" after "The Public Works Act".
THE SURVEYS ACT
The Surveys Act is amended by this section.
Subsection 15(1) is amended by striking out ", who shall be a Manitoba land surveyor of at least five years standing,".
The following is added after subsection 15(1):
Director of Surveys qualifications
In order to be eligible for appointment as Director of Surveys, a person must have at least five years' experience as a land surveyor in Manitoba or in another province or territory in Canada and be currently entitled to practise as a land surveyor in that jurisdiction.
THE UNIVERSITY OF MANITOBA ACT
The University of Manitoba Act is amended by this section.
Clause 11(1)(a) is replaced with the following:
(a) the term of a member appointed by the Lieutenant Governor in Council, other than a student member, is the term fixed in the order appointing the member, which may not exceed three years;
Subsections 11(2) and (3) are replaced with the following:
Continuation of term and re-appointment or re-election
A member of the board whose term expires continues to hold office until a successor has been appointed or elected and is eligible to be re-appointed or re-elected.
A member, referred to in clause (1)(a), (b) or (c), who has been appointed or elected as a member of the board for nine years in consecutive terms is not eligible to be appointed or elected again until at least three years have elapsed since the member last served.
Subsection 16(1) of the English version is amended by striking out "and" at the end of clause (g) and adding "and" at the end of clause (h).
THE VITAL STATISTICS ACT
Section 19 of The Vital Statistics Act is amended by striking out "Canada Shipping Act" and substituting "Canada Shipping Act, 2001".
PART 2
APPOINTMENTS
THE BRANDON UNIVERSITY ACT
The Brandon University Act is amended by this section.
Subsection 6(1) is replaced with the following:
Except as provided in subsection (4), each member of the board is to hold office for the applicable period specified in this section, beginning on July 1 of the year the member is elected or appointed and continuing until a successor is appointed or elected.
Term of LG in C appointed members
A member of the board appointed by the Lieutenant Governor in Council, other than a student member, is to hold office for the term fixed in the order appointing the member, which may not exceed three years.
A member of the board elected by the alumni association is to hold office for three years.
Section 7 is replaced with the following:
Re-appointment and re-election
A member of the board whose term expires is eligible to be re-appointed or re-elected subject to the following rules:
1. A member elected by the senate may not hold office for more than four years in consecutive terms.
2. Other members may not hold office for more than six years in consecutive terms.
3. The board may permit a member to serve for more than the number of consecutive years specified in rule 1 or 2, but only if no more than 1/4 of the members of the board have served for more than the specified number of consecutive years at any one time.
4. Under rule 3, the board must not permit
(a) a member elected by the senate to serve more than two additional consecutive years; and
(b) another member to serve more than three additional consecutive years.
5. Once a member has served the number of consecutive years specified in rule 1 or 2 or any additional years permitted by rule 3, the member may not be re-appointed or re-elected until at least three years have elapsed since the member last served.
6. These rules do not affect a student member of the board.
Subsection 9(3) is amended by adding "rules 1 and 2 of" before "section".
THE BUILDINGS AND MOBILE HOMES ACT
The Buildings and Mobile Homes Act is amended by this section.
Subsection 11(1) of the English version is amended by striking out "he" and substituting "the Lieutenant Governor in Council".
Subsections 11(3) to (5) are replaced with the following:
The Lieutenant Governor in Council may appoint one of the members of the board as chair and another as vice-chair. The vice-chair may perform the duties of the chairman in the chair's absence.
Except in the case of an earlier resignation or removal from office, a member of the board, including the chair and vice-chair, is to hold office for the term fixed in the order appointing him or her, which may not exceed two years, and continues to hold office until a successor is appointed. A member may be re-appointed for a further term or terms.
When a member of the board ceases to be a director before the expiration of his or her term of office, a person appointed to fill the vacancy so created is to hold office for the remainder of the former member's term and continues to hold office until a successor is appointed.
THE CANCERCARE MANITOBA ACT
The CancerCare Manitoba Act is amended by this section.
Subsection 3(1) is amended
(a) by striking out "subject to subsection (2)" and substituting "subject to subsections (1.1) to (2)"; and
b) by striking out "(g)" and substituting "(e)".
The following is added after subsection 3(1):
Term of members appointed by minister
A member of the corporation appointed by the minister is to hold office for the term fixed by the minister, which may not exceed three years, and continues to hold office until a successor is appointed.
Term of members appointed by corporation
A member of the corporation appointed by the corporation is to hold office for the term fixed by the corporation, which may not exceed three years, and continues to hold office until a successor is appointed.
THE FUNERAL DIRECTORS AND EMBALMERS ACT
Subsections 2(1) to (4) of The Funeral Directors and Embalmers Act are replaced with the following:
The Lieutenant Governor in Council must appoint a board to be known as the "Funeral Board of Manitoba" consisting of a person designated by the minister from within the minister's department and five other persons of whom two, but not more than two, must be licensed funeral directors.
The person designated by the minister under subsection (1) is the chair of the board.
The term of office for a member of the board, other than the chair, is three years, unless the order appointing the member provides otherwise.
A member whose term expires continues to hold office until re-appointed or until a successor is appointed.
The Lieutenant Governor in Council may fill a vacancy on the board by appointing a person to fill the unexpired term of the former member.
THE MANITOBA HAZARDOUS WASTE MANAGEMENT CORPORATION ACT
The Manitoba Hazardous Waste Management Corporation Act is amended by this section.
Subsection 8(2) is replaced with the following:
A member of the board is to hold office for the term fixed in the order appointing the member, which must not be more than two years, but is eligible to be re-appointed to the board.
Subsection 8(3) is repealed.
THE HELEN BETTY OSBORNE MEMORIAL FOUNDATION ACT
Subsection 7(2) of The Helen Betty Osborne Memorial Foundation Act is replaced with the following:
Subject to subsection (3), each trustee is to be appointed for the term fixed in the order appointing the trustee, which may not exceed three years.
THE HUMAN RIGHTS CODE
Subsection 8(3) of The Human Rights Code is replaced with the following:
A person appointed to the adjudication panel is a member of the panel for the term fixed in the order appointing the member, which may not exceed three years, and continues to be a member until a replacement is appointed or the person is re-appointed.
THE LAW REFORM COMMISSION ACT
Subsection 3(2) of The Law Reform Commission Act is replaced with the following:
Subject to subsection (3), a commissioner is to hold office during good behaviour for the term fixed in the order appointing the commissioner, which may not exceed three years.
THE PUBLIC LIBRARIES ACT
Subsections 2(2) and (3) of The Public Libraries Act are replaced with the following:
A member of the advisory board appointed under subsection (1), unless the member sooner resigns or is removed from office,
(a) holds office for the term fixed in the order appointing the member, which may not exceed three years; and
(b) continues to hold office until a successor is appointed.
A member of the advisory board whose term expires may be re-appointed, but no member may serve more than six years in consecutive terms. Once a member has served six years in consecutive terms, the member may not be re-appointed until at least three years have elapsed since the member last served.
THE RESEARCH MANITOBA ACT
Subsection 7(4) of The Research Manitoba Act is replaced with the following:
A director, including the chair, is eligible to be re-appointed, but
(a) a director may not serve more than 10 years in consecutive terms if the director serves as chair during any of the terms; and
(b) a director may not serve more than six years in consecutive terms if the director does not serve as chair during any of the terms.
After serving the number of consecutive years specified in clause (a) or (b), a person may not be re-appointed as a director until at least one year has elapsed since the person last served.
THE TRAVEL MANITOBA ACT
Subsection 7(4) of The Travel Manitoba Act is replaced with the following:
A director is to be appointed for the term fixed in the order appointing the director, which may not exceed three years, and no director may serve more than six years in consecutive terms.
THE SOCIAL SERVICES APPEAL BOARD ACT
Subsections 4(3) and (4) of The Social Services Appeal Board Act are replaced with the following:
Each member is to be appointed for a term of up to two years and, subject to subsection (4), may be re-appointed.
A member who has served for six years in consecutive terms may be re-appointed for a further term, but only if at least one year has passed since the end of his or her last term.
THE UNIVERSITÉ DE SAINT-BONIFACE ACT
The Université de Saint-Boniface Act is amended by this section.
The following is added after subsection 7(1):
Term of LG in C appointed members
A member of the board appointed by the Lieutenant Governor in Council, other than a student member, is to hold office for the term fixed in the order appointing the member, which may not exceed three years.
Section 8 is replaced with the following:
Re-appointment and re-election
A member of the board whose term expires is eligible to be re-appointed or re-elected subject to the following rules:
1. A member elected by the senate may not hold office for more than four years in consecutive terms.
2. Other members may not hold office for more than six years in consecutive terms.
3. The board may permit a member to serve for more than the number of consecutive years specified in rule 1 or 2, but only if no more than 1/4 of the members of the board have served for more than the specified number of consecutive years at any one time.
4. Under rule 3, the board must not permit
(a) a member elected by the senate to serve more than two additional consecutive years; or
(b) another member to serve more than three additional consecutive years.
5. Once a member has served the number of consecutive years specified in rule 1 or 2 or any additional years permitted by rule 3, the member may not be re-appointed or re-elected until at least one year has elapsed since the member last served.
6. These rules do not affect a student member of the board or a member elected or appointed under clause 6(2)(f).
Subsection 10(3) is amended by striking out "subsection 8(1)" and substituting "rules 1 and 2 of section 8".
THE UNIVERSITY COLLEGE OF THE NORTH ACT
Subsection 6(4) of The University College of the North Act is replaced with the following:
A member of the Governing Council, other than a student member, is eligible to hold office for no more than six years in consecutive terms but may not hold office again until at least one year has elapsed since the member last served.
THE UNIVERSITY OF WINNIPEG ACT
The University of Winnipeg Act is amended by this section.
The following is added after subsection 6(1):
Term of LG in C appointed members
A member of the board appointed by the Lieutenant Governor in Council, other than a student member, is to hold office for the term fixed in the order appointing the member, which may not exceed three years.
Section 7 is replaced with the following:
Re-appointment and re-election
A member of the board whose term expires is eligible to be re-appointed or re-elected subject to the following rules:
1. A member may not hold office for more than six years in consecutive terms.
2. The board may permit a member to serve for more than number of consecutive years specified in rule 1, but only if no more than 1/4 of the members of the board have served for more than the specified number of consecutive years at any one time.
3. Under rule 2, the board must not permit a member to serve more than three additional consecutive years.
4. Once a member has served the number of consecutive years specified in rule 1 or any additional years permitted by rule 2, the member may not be re-appointed or re-elected until at least three years have elapsed since the member last served.
5. These rules do not affect a student member of the board.
Subsection 9(3) is amended by striking out "subsection 7(1)" and substituting "rule 1 of section 7".
THE VETERINARY SERVICES ACT
The Veterinary Services Act is amended by this section.
Subsection 4(3) of the English version is amended by striking out "him" and substituting "the member".
Subsections 4(4) and (5) are replaced with the following:
Subject to subsection (5), each member of a board
(a) unless he or she sooner resigns or is removed from office, is to hold office for a period of not more than three years from the date of the member's appointment;
(b) continues to hold office until a successor is appointed; and
(c) may be re-appointed for a further term.
When a member of a board ceases to be a member before the expiration of his or her term of office, a person appointed to fill the vacancy so created, unless the person sooner dies, resigns or is removed from office, is to hold office for the remainder of the former member's term and continues to hold office until a successor is appointed.
Subsection 4(6) of the English version is replaced by striking out "him" and substituting "the minister".
THE MANITOBA WOMEN'S ADVISORY COUNCIL ACT
The Manitoba Women's Advisory Council Act is amended by this section.
Subsection 9(1) is replaced with the following:
A member of the council, other than the chairperson, is to hold office for the term fixed in the order appointing the member, which may not exceed two years.
Subsection 9(3) is replaced with the following:
A member whose term of office expires may be re-appointed, but a member may not hold office for more than four consecutive years.
THE WOMEN'S INSTITUTES ACT
The Women's Institutes Act is amended by this section.
Section 27 of the English version is amended by striking out everything after "existing under" and substituting "this Act and is, in the performance of those duties, responsible to the minister.".
Clause 28(2)(c) is replaced with the following:
(c) two women appointed by the minister, each of whom is to serve for a term of up to three years;
THE WORKPLACE SAFETY AND HEALTH ACT
Subsection 15(4) of The Workplace Safety and Health Act is replaced with the following:
A member of the advisory council, including the chairperson, is to hold office for the term fixed in the order appointing him or her, which may not exceed three years, and continues to hold office until a successor is appointed.
PART 3
COMING INTO FORCE
This Act, except section 6, comes into force on the day it received royal assent.
Section 6 is deemed to have come into force on January 31, 2015.