Fifth Session, Thirty-Ninth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).
Bill 45
THE STATUTES CORRECTION AND MINOR AMENDMENTS ACT, 2011
| Explanatory Note |
TABLE OF CONTENTS
1 The Advanced Education Administration Act
2 The Agricultural Societies Act
4 The Archives and Recordkeeping Act
5 The Business Names Registration Act
6 The City of Winnipeg Charter
9 The Credit Unions and Caisses Populaires Act
10 The Domestic Violence and Stalking Act
11 The East Side Traditional Lands Planning and Special Protected Areas Act
16 The Freedom of Information and Protection of Privacy Act
19 The Highway Traffic Amendment Act
20 The Highway Traffic Amendment Act (Countermeasures Against Impaired Drivers and Other Offenders)
22 The Professional Interior Designers Institute of Manitoba Act
23 The Labour-Sponsored Venture Capital Corporations Act
24 The Department of Labour and Immigration Act
25 The Land Rehabilitation Act
27 The Legislative Assembly Act
28 The Legislative Assembly Management Commission Act
30 The Mennonite Educational Society of Manitoba Incorporation Act
34 The Municipal Assessment Act
37 The Personal Health Information Act
38 The Personal Property Security Act
40 The Private Investigators and Security Guards Act
41 The Psychologists Registration Act
44 The Residential Tenancies Act
46 The Southwood Golf and Country Club Incorporation Act
48 The Sustainable Development Act
49 The Tax Administration and Miscellaneous Taxes Act
51 The Victims' Bill of Rights
53 The Water Supply Commissions Act
(Assented to )
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
THE ADVANCED EDUCATION ADMINISTRATION ACT
Clause (a) of the definition "student" in section 1 of The Advanced Education Administration Act is amended by striking out "The Apprenticeship and Trades Qualifications Act" and substituting "The Apprenticeship and Certification Act".
THE AGRICULTURAL SOCIETIES ACT
Subsection 15(2) of The Agricultural Societies Act is replaced with the following:
Deposit or investment of funds
A society must
(a) deposit its funds in a bank, trust company, credit union or caisse populaire whose deposits are insured or guaranteed by
(i) the Canada Deposit Insurance Corporation established under the Canada Deposit Insurance Corporation Act, or
(ii) the Deposit Guarantee Corporation of Manitoba continued under The Credit Union and Caisses Populaires Act; and
(b) if it invests any of its funds, invest them only in investments that are insured or guaranteed by the Canada Deposit Insurance Corporation or the Deposit Guarantee Corporation of Manitoba.
THE ANIMAL DISEASES ACT
Subsection 11(1) of The Animal Diseases Act is amended by striking out "The Clean Environment Act" and substituting "The Environment Act".
THE ARCHIVES AND RECORDKEEPING ACT
The Archives and Recordkeeping Act, S.M. 2001, c. 33, is amended by this section.
Section 11 is amended by striking out "Provincial Auditor" and substituting "Auditor General".
Section 34 is repealed.
THE BUSINESS NAMES REGISTRATION ACT
The Business Names Registration Act is amended by this section.
Section 1 is amended
(a) by adding the following definition:
"approved form" means a form that is approved by, or acceptable to, the Director; (« formule approuvée »)
(b) in the French version of the definition "personne", by striking out "d'une propriété unique" and substituting "d'une entreprise individuelle".
Subsection 2(1) is amended in the part after clause (c):
(a) by adding "in an approved form" after "in writing"; and
(b) by striking out everything after "by the person".
Subsection 4(2) is amended by striking out "the prescribed form" and substituting "an approved form".
Subsection 5(2) is amended by striking out "as prescribed" and substituting "in an approved form".
Subsection 5(3) is amended by striking out "prescribed form" and substituting "an approved form".
Section 6 is amended by striking out "prescribed in the regulations" and substituting "required by the Director".
Subsections 8.1(1) and (2) are amended in the part before clause (a) by striking out "a form acceptable to the Director" and substituting "an approved form".
The following is added after section 20:
The Director may
(a) approve the form and content of any document that this Act or the regulations require a person to file with or send to the Director;
(b) approve the form and content of any document that this Act or the regulations require the Director to issue, publish or provide to a person;
(c) require that additional information or documents must be provided when documents are filed with or sent to the Director; and
(d) direct how many originals or copies of a document must be filed, sent, provided or issued.
THE CITY OF WINNIPEG CHARTER
The French version of the centred heading before subsection 176(1) of The City of Winnipeg Charter, S.M. 2002, c. 39, is amended by striking out "AGENTS SPÉCIAUX" and substituting "AGENTS DE POLICE SPÉCIAUX".
THE COMMODITY FUTURES ACT
The Commodity Futures Act is amended by this section.
Clause (a) of the definition "delivery" in the English version of subsection 1(1) is amended by striking out "the the" and substituting "the".
Subsection 19(2) of the English version is amended by striking out "make make" and substituting "make".
Subsection 73(1) of the English version is amended by striking out "The Evidence Act" and substituting "The Manitoba Evidence Act".
THE CONSUMER PROTECTION ACT
The Consumer Protection Act is amended by this section.
Subsection 1(1) is amended
(a) by repealing the definition "bureau" in the English version;
(b) in the definition "director" in the English version, by striking out "bureau" and substituting "office"; and
(c) by adding the following definition:
"office" means the Consumer Protection Office continued under section 70; (« Office »)
The centred heading for Part IX of the English version is amended by striking out "CONSUMERS' BUREAU" and substituting "CONSUMER PROTECTION OFFICE".
Section 70 is replaced with the following:
The Consumers' Bureau is continued as the Consumer Protection Office.
The following provisions of the English version are amended by striking out "bureau" wherever it occurs, including in the section headings, and substituting "office":
(a) section 71;
(b) clause 105(d);
(c) section 106.
THE CREDIT UNIONS AND CAISSES POPULAIRES ACT
The Credit Unions and Caisses Populaires Act is amended by this section.
Subsection 1(1) of the French version is amended by adding the following definition:
« send » Version anglaise seulement
Subsection 223(2) of the French version is amended
(a) in the part before clause (a), by striking out "ou administratives," and substituting "ou administratives :";
(b) in clause (a), by striking out "visé au paragraphe (1)," and substituting "visé au paragraphe (1);"; and
(c) in clause (b), by striking out "mobilières, ou" and substituting "mobilières;".
THE DOMESTIC VIOLENCE AND STALKING ACT
Subsection 19(1) of the French version of The Domestic Violence and Stalking Act is amended in the part before clause (a) by striking out "dès qu'une requête en vue de l'obtention d'une" and substituting "sur requête présentée après qu'une".
THE EAST SIDE TRADITIONAL LANDS PLANNING AND SPECIAL PROTECTED AREAS ACT
Clause 7(2)(b) of the English version of The East Side Traditional Lands Planning and Special Protected Areas Act is amended by striking out "force" and substituting "effect".
THE ELECTIONS FINANCES ACT
The Elections Finances Act is amended by this section.
Section 6 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).
Clause 73(1)(b) of the English version is amended by striking out "advertisng" and substituting "advertising".
THE ENDANGERED SPECIES ACT
The Endangered Species Act is amended by this section.
Subsection 13(3) is amended
(a) in subclause (a)(iii), by striking out "subsection (2)" and substituting "clause (2)(a)"; and
(b) in clause (b), by adding "and under clause (2)(b) is $10,000." at the end.
THE MANITOBA EVIDENCE ACT
The Manitoba Evidence Act is amended by this section.
Subsection 64(4) of the English version is amended by striking out "sigature" and substituting "signature".
Section 65 is amended by striking out "and not than" and substituting "but not more than".
THE FOREST AMENDMENT ACT
Subsection 30(6) of the English version of The Forest Amendment Act, S.M. 2009, c. 5, is amended by striking out "enter into" and substituting "entered into".
THE FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY ACT
The Freedom of Information and Protection of Privacy Act is amended by this section.
Clause 4(k) is amended by striking out "Credit Union Deposit Guarantee Corporation" and substituting "Deposit Guarantee Corporation of Manitoba".
Subsection 28(1) of the English version is amended by striking out "or" at the end of clause (d).
The section heading for section 54 is amended by striking out "Information provided under qualified privilege" and substituting "Privilege".
Subsection 66.7(2) of the English version is amended by striking out "part or a record" and substituting "part of a record".
Subsection 83(2) of the English version is amended by adding "and" at the end of clause (c).
Clause 85(1)(e) of the English version is amended by striking out "section" and substituting "subsection".
THE GAMING CONTROL ACT
The Gaming Control Act is amended by this section.
Subsection 35(1) of the English version is amended by striking out "on the appeal" and substituting "on the appeal.".
Clause 43(g.2) is amended by striking out "section 57.2 or 57.3" and substituting "Part 8.1 or Part 11".
THE HEARING AID ACT
Section 1 of The Hearing Aid Act is amended
(a) by repealing the definition "Consumers' Bureau";
(b) by adding the following definition:
"Consumer Protection Office" means the Consumer Protection Office continued under The Consumer Protection Act; (« Office de la protection du consommateur »)
(c) in the definition "director" in the English version, by striking out "Consumers' Bureau" and substituting "Consumer Protection Office".
THE HIGHWAY TRAFFIC AMENDMENT ACT
S.M. 2002, c. 40 (unproclaimed amendments repealed)
Clause 37(e) and section 40 of The Highway Traffic Amendment Act, S.M. 2002, c. 40, are repealed.
THE HIGHWAY TRAFFIC AMENDMENT ACT
(COUNTERMEASURES AGAINST IMPAIRED DRIVERS AND OTHER OFFENDERS)
S.M. 2005, c. 56 (unproclaimed amendment repealed)
Section 2 of The Highway Traffic Amendment Act (Countermeasures Against Impaired Drivers and Other Offenders), S.M. 2005, c. 56, is repealed.
THE MANITOBA HYDRO ACT
The Manitoba Hydro Act is amended by this section.
Subsection 15.1(4) of the English version is amended by striking out "subsdiary" and substituting "subsidiary".
Subsection 33(6) of the English version is amended by striking out "notes,bonds" and substituting "notes, bonds".
THE PROFESSIONAL INTERIOR DESIGNERS INSTITUTE OF MANITOBA ACT
Subsection 42(4) of the English version of The Professional Interior Designers Institute of Manitoba Act is amended by striking out "the The" and substituting "The".
THE LABOUR-SPONSORED VENTURE CAPITAL CORPORATIONS ACT
Subsection 15.3(3) of the French version of The Labour-Sponsored Venture Capital Corporations Act is amended in the part before clause (a) by striking out "est réputé" and substituting "est réputée".
THE DEPARTMENT OF LABOUR AND IMMIGRATION ACT
Section 8 of the English version of The Department of Labour and Immigration Act is amended by striking out "the the" and substituting "the".
THE LAND REHABILITATION ACT
Subsection 6(1) of the English version of The Land Rehabilitation Act is amended by striking out "the the" and substituting "the".
THE LEGAL AID MANITOBA ACT
Subsection 17.1(2) of the French version of The Legal Aid Manitoba Act is amended by striking out "le domicile élu de la Société" and substituting "l'adresse de la Société aux fins de signification".
THE LEGISLATIVE ASSEMBLY ACT
The Legislative Assembly Act is amended by this section.
Subclause 52.6.1(1)(a)(i) is amended by striking out "during the period" and substituting "for the period".
The English version of subsection 52.23(3.1) is amended by striking out "(ii) on billboards" and substituting "(iii) on billboards".
THE LEGISLATIVE ASSEMBLY MANAGEMENT COMMISSION ACT
Subsection 9(1) of the English version of The Legislative Assembly Management Commission Act is amended by striking out "appropiate" and substituting "appropriate".
THE MARRIAGE ACT
The Marriage Act is amended by this section.
Section 1 is amended by adding the following definition:
"approved form" means a form that is approved by, or acceptable to, the director; (« formule approuvée »)
Subsection 3(1) is amended by striking out "in a prescribed form" and substituting "on an approved form".
Clause 8(1)(a) is amended by striking out everything after "hand of the director".
Subsection 8(5) is amended by striking out "in such form as may be prescribed in the regulations" and substituting "on an approved form".
Subsection 9(3) is amended by striking out "prescribed".
Subsection 21(1) is amended by striking out "in such form as may be prescribed in the regulations,".
Subsection 21(3) is amended by striking out "may be in such form as may be prescribed in the regulations and".
Clause 33(b) is repealed.
THE MENNONITE EDUCATIONAL SOCIETY OF MANITOBA INCORPORATION ACT
The Mennonite Educational Society of Manitoba Incorporation Act, R.S.M. 1990, c. 106, is repealed.
THE MORTGAGE ACT
The Mortgage Act is amended by this section.
Section 29 is amended
(a) by repealing the definition "Consumers' Bureau" in the English version; and
(b) by adding the following definition:
"Consumer Protection Office" means the Consumer Protection Office continued under The Consumer Protection Act; (« Office de la protection du consommateur »)
Section 35 of the English version is amended
(a) in the section heading by striking out "Consumers' Bureau" and substituting "Consumer Protection Office"; and
(b) by striking out "Consumers' Bureau" and substituting "Consumer Protection Office".
Section 37 of the English version is amended by striking out "Consumers' Bureau" and substituting "Consumer Protection Office".
THE MORTGAGE BROKERS ACT
The Mortgage Brokers Act is amended by this section.
Clause 2(1)(b) of the French version is amended by striking out "les règlements l'ordonnance" and substituting "les règlements ou l'ordonnance".
Clause 3(1)(d) is amended by striking out everything after "The Credit Unions and Caisses Populaires Act".
The following is added after clause 3(1)(d):
(d.1) Credit Union Central of Manitoba Limited;
Clause 15(1)(b) of the French version is amended by striking out "d'une corporation" and substituting "d'une personne morale".
Subsection 45(1) of the French version is amended in the part after clause (d):
(a) by striking out "est constitué en corporation" and substituting "est une personne morale"; and
(b) by striking out "la corporation" and substituting "la personne morale".
THE MUNICIPAL ACT
Subsection 335(5) of The Municipal Act is amended by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):
(c) land that is described as real property under clause 22(1)(q) of The Municipal Assessment Act.
THE MUNICIPAL ASSESSMENT ACT
The Municipal Assessment Act is amended by this section.
Clause (b) of the definition "council" in the English version of subsection 1(1) is amended by striking out "commitee" and substituting "committee".
Subclause 21(a)(v) is repealed.
Subsection 22(1) is amended
(a) in clause (c.1), by adding "Emily Street and" after "on the north by"; and
(b) by adding the following after clause (p):
(q) is used or occupied by The Fort Whyte Foundation Inc., and is described as Lot 2, Plan 18023, WLTO in O.T.M. Lots 6 to 17, Parish of St. Charles.
THE OMBUDSMAN ACT
Subsection 23(2) of the French version of The Ombudsman Act is amended
(a) by striking out "Lorsqu'au cours" and substituting "Lorsqu'il est convaincu, au cours";
(b) by striking out "l'ombudsman doit renoncer à l'enquête s'il est convaincu"; and
(c) by adding ", l'ombudsman n'effectue aucune autre enquête" after "déraisonnable".
THE PENSION BENEFITS ACT
The Pension Benefits Act is amended by this section.
The French version of subsection 1(1) is amended in the definition "période d'emploi continu" by striking out "d'intérruption" and substituting "d'interruption".
Subsection 8(3) of the French version is amended
(a) in clause (c) by striking out "à la place," and substituting "à la place"; and
(b) in clause (d) by striking out "les fonctions," and substituting "les fonctions".
Subsection 21(13.1) of the French version is amended by striking out "à un régime de prestations de retraite réglementaire, notamment à un régime d'épargne-retraite" and substituting "à un régime réglementaire, notamment à un régime de prestations de retraite".
Clause 21(20)(d) of the French version is amended by striking out "qui a été employée à ce titre" and substituting "qui n'a pas été employée à ce titre".
The French version of section 31.1 is amended in the part before clause (a) by striking out "celui-ci".
Clause 37(f) of the French version is amended by striking out "l'admissiblité" and substituting "l'admissibilité".
THE PERSONAL HEALTH INFORMATION ACT
The Personal Health Information Act is amended by this section.
Subsection 14(2) of the English version is amended by striking out "or" at the end of clause (c.1).
The section heading for section 33 is amended by striking out "Information provided under qualified privilege" and substituting "Privilege".
THE PERSONAL PROPERTY SECURITY ACT
Subsection 31(5) of The Personal Property Security Act is amended by striking out "subsection 28(4)" and substituting "subsection 29(4)".
THE POLICE SERVICES ACT
Subsection 93(3) of the English version of The Police Services Act, S.M. 2009, c. 32, is amended by striking out "subsections 178(2) and (4)" and substituting "subsections 78(2) and (4)".
THE PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT
The Private Investigators and Security Guards Act is amended by this section.
Section 1 of the French version is amended in clause (a) of the definition "détective privé" by striking out "au caractère" and substituting "à la réputation".
Section 10 of the French version is amended by striking out "au caractère" and substituting "à la réputation".
Section 39 of the English version is amended by striking out "or" at the end of clause (a).
THE PSYCHOLOGISTS REGISTRATION ACT
The section heading in the French version of subsection 6(1) of The Psychologists Registration Act is amended by striking out "administratif" and substituting "administratifs".
THE PUBLIC SCHOOLS ACT
Subsection 41.1(1) of the French version of The Public Schools Act is amended by striking out "présent article" and substituting "présent article,".
THE REAL PROPERTY ACT
Clause 93(b) of the English version of The Real Property Act is amended by striking out "the the" and substituting "the".
THE RESIDENTIAL TENANCIES ACT
Subsection 1(1) of The Residential Tenancies Act is amended in the definition "cooperative housing corporation" by striking out "subsection 1(2)" and substituting "subsection 4(1)".
THE SECURITIES ACT
Clause 21.1(1)(c) of the English version of The Securities Act is amended by striking out "The Mortgage Dealers Act" and substituting "The Mortgage Brokers Act".
THE SOUTHWOOD GOLF AND COUNTRY CLUB INCORPORATION ACT
Section 9 of the English version of The Southwood Golf and Country Club Incorporation Act, R.S.M. 1990, c. 188, is amended in the section heading by striking out "Equitities" and substituting "Equities".
THE SURVEYS ACT
Section 16 of The Surveys Act is amended in the French version by striking out "La ministre" and substituting "Le ministre".
THE SUSTAINABLE DEVELOPMENT ACT
Clause 7(1)(b) of The Sustainable Development Act is amended
(a) in the English version, by striking out "the the" and substituting "the"; and
(b) in the French version, by striking out "intervals" and substituting "intervalles".
THE TAX ADMINISTRATION AND MISCELLANEOUS TAXES ACT
The Tax Administration and Miscellaneous Taxes Act is amended by this section.
Subsection 79(2) of the French version is amended
(a) in subclause (a)(ii), by striking out "1 000" and substituting "1 000 $"; and
(b) in subclause (b)(ii), by striking out "2 000" and substituting "2 000 $".
Subsection 115(1) of the English version is amended by striking out "the the" and substituting "the".
THE TEACHERS' PENSIONS ACT
The Teachers' Pensions Act is amended by this section.
Subsection 63.3(1) is amended
(a) in the section heading and in the part before clause (a), by striking out "adoptive" and substituting "parental"; and
(b) by replacing clause (a) with the following:
(a) the teacher shall contribute to the fund
(i) for the first 17 weeks of the period as if he or she were not on leave and continued to earn the same salary, and
(ii) for the remainder of the period, double the amounts that he or she would be required to contribute if he or she were not on leave and continued to earn the same salary; and
Subsection 63.3(2) is amended
(a) in the section heading and in the part before clause (a), by striking out "adoptive" and substituting "parental";
(b) in subclause (a)(ii), by striking out "came into force" and substituting "first applied to parental leave"; and
(c) in clause (b),
(i) in the part before subclause (i), by adding "under subsection (1)" after "contributions for the period", and
(ii) by replacing subclause (ii) with the following:
(ii) the teacher had elected to make contributions under that subsection for that period.
Subsection 63.3(3) is amended
(a) in the section heading, by striking out "adoptive" and substituting "parental";
(b) in the part before clause (a),
(i) by striking out "came into force" and substituting "applied to parental leave", and
(ii) by striking out "adoptive" and substituting "parental";
(c) in clause (a), by striking out "2006" and substituting "2012"; and
(d) in clause (b),
(i) by striking out "1/2", and
(ii) by adding ", less 1/2 of that portion of the actuarial loss that can reasonably be attributed to the first 17 weeks of that period of parental leave" at the end.
Subsection 63.3(4) is amended
(a) in the part before clause (a),
(i) by striking out "came into force" and substituting "applied to parental leave", and
(ii) by striking out "adoptive" and substituting "parental"; and
(b) by replacing clauses (a) and (b) with the following:
(a) an amount equal to 1/2 of the portion of the contribution that relates to the first 17 weeks of that period; and
(b) interest on that amount, as determined by the board's actuary.
THE VICTIMS' BILL OF RIGHTS
The Victims' Bill of Rights is amended by this section.
The English version of clause 12(g) is amended by striking out "the the" and substituting "the".
The French version of clause 46(1)(a) is amended by striking out "est attribuable au geste ou à l'omission d'une autre personne et que ce geste ou cette omission constitue" and substituting "est attribuable à l'acte ou à l'omission d'une autre personne, cet acte ou cette omission constituant".
THE VITAL STATISTICS ACT
The Vital Statistics Act is amended by this section.
The Act is amended by striking out "the prescribed form" wherever it occurs and substituting "an approved form".
Section 1 is amended by adding the following definition:
"approved form" means a form that is approved by, or acceptable to, the director; (« formule approuvée »)
Subsection 13.1(2) of the English version is amended by striking out "prescribed form" and substituting "an approved form".
Section 15 is amended by striking out "prescribed death registration form" and substituting "death registration form approved by the director".
In the following provisions,"prescribed" is struck out wherever it occurs:
(a) subsections 17(5) and (6);
(b) subsection 18(1);
Section 35 of the English version is amended by striking out "a prescribed form" wherever it occurs and substituting "an approved form".
Clause 48(a) is repealed.
THE WATER SUPPLY COMMISSIONS ACT
Clause 12(d) of the English version of The Water Supply Commissions Act is amended by striking out "water water" and substituting "water".
This Act, except sections 5, 15 and 39, comes into force on the day it receives royal assent.
Section 5 comes into force on a day to be fixed by proclamation.
Section 15 is deemed to have come into force on March 1, 2011.
Section 39 comes into force on the same day that section 93 of The Police Services Act, S.M. 2009, c. 32, comes into force.
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Explanatory Note This Bill corrects typographical, numbering and other drafting errors. It also makes minor amendments to various Acts and repeals a private Act. |