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S.M. 2013, c. 39
Bill 25, 3rd Session, 40th Legislature
The Statutory Publications Modernization Act
(Assented to December 5, 2013)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
The Statutes and Regulations and Related Amendments Act set out in Schedule A is hereby enacted.
The Queen's Printer Act set out in Schedule B is hereby enacted.
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Coming into force of Schedules
The Schedules to this Act come into force as provided in the coming into force section at the end of each Schedule.
SCHEDULE A
THE STATUTES AND REGULATIONS AND RELATED AMENDMENTS ACT
TABLE OF CONTENTS
Section
INTRODUCTORY AND ADMINISTRATIVE PROVISIONS
1 Definitions
2 Legislative counsel
3 Registrar of regulations and deputy registrars
ORIGINAL ACTS
4 Enacting clause
5 Publication of original Act
6 Corrections
7 Proclamation
ORIGINAL REGULATIONS
8 Application of Part
9 Duties of registrar
10 Regulation not effective unless registered
11 Examination of proposed regulations
12 Filing requirements
13 Date of registration
14 Registration of amended regulation
15 Registration information
16 Publication of regulations
17 Corrections
18 Non-publication of maps, diagrams, etc.
19 Effects of publication and non-publication
20 When does a regulation come into force?
21 References to registered regulations
22 Regulations to be tabled in Assembly
PART4
CONSOLIDATED ACTS AND REGULATIONS
23 Consolidation and publication
24 Information tables
25 Changes and corrections
26 Continuing Consolidation of the Statutes of Manitoba
PROOF OF LEGISLATION
27 Official copies
28 Presumptions
29 Official copy as evidence
30 Re-enacted regulation
31 Proof of date of royal assent, date of coming into force by proclamation
32 Proof of registration, date of registration and date of online publication
33 Certificate as proof
REGULATIONS
34 LG in C regulations
RELATED AND CONSEQUENTIAL AMENDMENTS
35-96 Amendments to various Acts
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
97 Repeal
98 C.C.S.M. reference
99 Coming into force
SCHEDULE A
THE STATUTES AND REGULATIONS AND RELATED AMENDMENTS ACT
INTRODUCTORY AND ADMINISTRATIVE PROVISIONS
The following definitions apply in this Act.
"Act" means an Act of the Legislature. (« loi »)
"bilingual version" of legislation means a version that contains both the English text and the French text of the legislation. (« version bilingue »)
"consolidated Act" means the version of an Act that incorporates any amendments that have been made to the Act and any corrections or changes made to it under Part 4.
"consolidated regulation" means the version of a regulation that incorporates any amendments that have been made to the regulation and any corrections or changes made to it under Part 4.
"former Regulations Act" means The Regulations Act, S.M. 1988-89, c. 7, as it read immediately before the coming into force of this Act. (« loi antérieure »)
"legislation" means an Act or regulation.
« loi codifiée », « règlement codifié » ou « texte codifié » French version only
"Manitoba Laws website" means the government's website for the publication of legislation. (« site Web de la législation manitobaine »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"online version" of legislation means a version that is published on the Manitoba Laws website. (« version en ligne »)
"original", in relation to an Act or regulation, means
(a) an Act as enacted by the Legislature; or
(b) a regulation as registered under Part 3 or under the former Regulations Act. (« version originale »)
"prescribed" means prescribed by a regulation under this Act.
"registered regulation" means a regulation registered under Part 3 or under the former Regulations Act. (« règlement enregistré »)
"registrar" means the person designated under section 3 as the registrar of regulations. (« registraire »)
"regulation" means a regulation, rule, order or by-law to which Part 3 applies or to which the former Regulations Act applied. (« règlement »)
The Lieutenant Governor in Council must appoint a person as the legislative counsel in accordance with The Civil Service Act. The person must be a lawyer entitled to practise law in Manitoba.
Registrar of regulations and deputy registrars
The Lieutenant Governor in Council must designate as the registrar of regulations a lawyer employed in the legislative counsel office, and may designate one or more additional lawyers from that office as deputy registrars.
In the absence of the registrar, or at the request of the registrar, a deputy registrar may discharge the duties and exercise the powers of the registrar.
ORIGINAL ACTS
The enacting clause of an Act must follow any preamble, and may be in the following form:
Her Majesty, by and with the advice and consent of the Legislative Assembly, enacts as follows:
As soon as practicable after a bill receives royal assent,
(a) the Clerk of the Assembly must provide a certified copy of it to the legislative counsel;
(b) the legislative counsel must
(i) assign a chapter number to it in accordance with subsection (2),
(ii) arrange for a bilingual version of the Act to be published on the Manitoba Laws website, and
(iii) make a bilingual version of the Act available to the Queen's Printer, who may print and sell or distribute copies of it.
Each year, the bills given royal assent in that year are to be arranged as chapters of the Statutes of Manitoba for that year, and are to be numbered consecutively starting with the number "1".
Annual volume of original Acts
After the end of each year, the Queen's Printer may prepare and sell or distribute a bound volume (or a set of bound volumes) of the original Acts enacted in that year.
When preparing an original Act for publication, the legislative counsel may, without altering the legal effect of the original Act,
(a) correct spelling, capitalization, punctuation or grammatical errors, and any other errors that are of a clerical, typographical or similar nature;
(b) correct errors in the numbering of provisions or cross-references; or
(c) alter the style or presentation of text or graphics to be consistent with the style and formatting practices of the legislative counsel office, or to improve electronic or print presentation.
On discovering that the online version of an original Act differs from the Act as enacted, otherwise than because of a change or correction made under subsection (1), the legislative counsel
(a) must ensure that the online version is promptly corrected; and
(b) may publish a notice of the correction on the Manitoba Laws website if he or she considers it appropriate to do so.
A change or correction made to an original Act under this section is deemed to be part of that Act as enacted by the Legislature, and does not change its legal effect.
As soon as practicable after a proclamation is issued fixing the date on which all or any part of an Act is to come into force or be repealed, the legislative counsel must arrange for the text of the proclamation to be published on the Manitoba Laws website.
ORIGINAL REGULATIONS
Subject to subsection (2), this Part applies to the following:
(a) every regulation, rule, order or by-law that
(i) is made or approved in the execution of a power conferred by or under an Act,
(ii) is made or approved by the Lieutenant Governor in Council, a minister or group of ministers, an individual or a government agency, and
(iii) either
(A) is of a legislative nature, or
(B) governs practice or procedure in quasi-judicial proceedings and is made or approved in the execution of a power conferred by a provision that uses the word "regulation" in conferring the power;
(b) every regulation or rule that
(i) is made in the execution of a power conferred by or under an Act, and
(ii) governs practice or procedure in judicial proceedings.
This Part does not apply to the following:
(a) a regulation, rule, order or by-law made by a local authority;
(b) any part of a regulation, rule, order or by-law that is adopted or incorporated into it by reference;
(c) a regulation, rule, order or by-law made by The Municipal Board or The Public Utilities Board, unless it is an order made by The Public Utilities Board under section 169 of The Consumer Protection Act;
(d) a proclamation that brings into force or repeals an Act or any part of an Act;
(e) an order confirming or disallowing a regulation or by-law;
(f) an order for a public inquiry;
(g) a regulation, rule, order or by-law made under an Act that states that this Act does not apply to it or that it is not a regulation within the meaning of this Act.
The following definitions apply in subsections (1) and (2).
"government agency" means a board, commission, association or other body, whether or not incorporated, all the members of which, or all the members of the board of management or board of directors of which, are appointed by an Act or by the Lieutenant Governor in Council. (« organisme gouvernemental »)
"local authority" means
(a) a council, board or other governing body of a municipality, school district or school division or of a planning district established under The Planning Act;
(b) the administrator of a municipality under administration;
(c) the resident administrator or other governing authority of a local government district incorporated under The Local Government Districts Act;
(d) an official trustee of a school district or school division;
(e) the council of a community under The Northern Affairs Act; and
(f) the administrator of a community under The Northern Affairs Act that is under administration. (« autorité locale »)
The registrar is responsible for
(a) maintaining a register of regulations;
(b) reviewing and registering regulations filed for registration; and
(c) publishing or arranging for the publication of registered regulations;
in accordance with this Part.
Regulation not effective unless registered
A regulation is not effective unless it is a registered regulation.
Examination of proposed regulations
A regulation that has not been prepared by a lawyer employed in the legislative counsel office is to be submitted to the registrar for examination, before the regulation is made, to ensure that it meets the drafting and formatting standards used by that office.
A regulation is filed for registration when a copy of the regulation is filed with the registrar along with
(a) in the case of a regulation made or approved by the Lieutenant Governor in Council, a copy of the order in council certified by the Clerk of the Executive Council to be a true copy; or
(b) in any other case, a certificate that is in a form acceptable to the registrar and meets the requirements of subsection (2).
The certificate referred to in clause (1)(b) must
(a) set out
(i) the title of the regulation and the title of the Act under which it was made,
(ii) the name of the authority that made the regulation and the date it was made, and
(iii) if the approval of another authority is required, the name of the approving authority and the date of the approval;
(b) certify the copy of the regulation to be a true copy; and
(c) be dated and signed by the authority who made or approved the regulation or a responsible officer of the authority.
The registrar may accept for registration a regulation that, along with the required order in council or certificate, is filed electronically in a form and manner acceptable to the registrar.
The date of registration of a registered regulation is deemed to be the day that the regulation was filed in accordance with section 12.
Registration of amended regulation
If a regulation is amended before it is registered, it may be registered as amended.
When registering a regulation, the registrar must
(a) ensure that a registration number is assigned to the regulation in accordance with subsection (2);
(b) ensure that the following information is recorded in the register of regulations:
(i) the title of the regulation and the title of the Act under which it is made,
(ii) the date of registration and the registration number assigned to it,
(iii) the name of the department or other authority who filed the regulation for registration,
(iv) the registration number of any regulation amended by the regulation,
(v) the registration number of any regulation replaced by the regulation,
(vi) any other information specified by the registrar.
Each year, the regulations registered in that year are to be numbered consecutively beginning with the number "1".
Publication of registered regulations
As soon as practicable after a regulation is registered, the registrar must
(a) arrange for it to be published on the Manitoba Laws website; and
(b) make a copy of it available to the Queen's Printer, who may print and sell or distribute copies of it.
The regulation must show its registration number and date of registration.
If the regulation was made in English and French, the registrar must ensure that the bilingual version of it is published.
Annual volume of registered regulations
After the end of each year, the Queen's Printer may prepare and sell or distribute a bound volume (or a set of bound volumes) of the regulations registered in that year.
When preparing an original regulation for publication, the registrar may, without altering the legal effect of the regulation,
(a) correct spelling, capitalization, punctuation or grammatical errors, and any other errors that are of a clerical, typographical or similar nature;
(b) correct errors in the numbering of provisions or cross-references;
(c) make minor editorial changes to ensure a consistent form of expression; or
(d) alter the style or presentation of text or graphics to be consistent with the style and formatting practices of the legislative counsel office, or to improve electronic or print presentation.
On discovering that the online version of an original regulation differs from the regulation as registered, otherwise than because of a change or correction made under subsection (1), the registrar
(a) must ensure that the online version is promptly corrected; and
(b) may publish a notice of the correction on the Manitoba Laws website if he or she considers it appropriate to do so.
A change or correction made to an original regulation under this section is deemed to be part of that regulation as filed for registration, and does not change its legal effect.
Non-publication of maps, diagrams, etc.
If a regulation includes a map, illustration, plan, diagram, photograph, graph, table or information that has not been provided to the registrar in a form acceptable to the registrar for online publication, the registrar may dispense with the online publication of that part of the regulation.
If the registrar dispenses with the online publication of part of a regulation, the published regulation must include a notice about the missing information and where it is available for inspection.
The publication of a regulation on the Manitoba Laws website is notice of the regulation to all persons.
Except as otherwise provided in an Act, a regulation is not enforceable against a person until the day after it is first published on the Manitoba Laws website, unless the person has actual notice of the regulation.
When does a regulation come into force?
A regulation comes into force on its date of registration unless
(a) an Act provides otherwise;
(b) the regulation specifies a later date; or
(c) the regulation specifies an earlier date and the Act under which it is made authorizes it to come into force on that earlier date or be made with effect from that earlier date.
References to registered regulations
A registered regulation may be cited or referred to
(a) by its title; or
(b) as "Manitoba Regulation", "Man. Reg." or "M.R.", followed by its registration number.
Regulations to be tabled in Assembly
Unless otherwise directed by a resolution of the Assembly, the minister must table in the Assembly, within 15 days after the commencement of a session of the Legislature, a copy of each regulation that was registered more than 14 days before commencement of the session and has not previously been tabled in the Assembly.
Upon being tabled in the Assembly, a regulation stands permanently referred to the Standing Committee on Statutory Regulations and Orders of the Legislative Assembly.
Assembly may direct repeal or amendment
The Legislative Assembly may by resolution direct the repeal or amendment of a regulation or part of a regulation.
Compliance with Assembly's resolution
If the Legislative Assembly directs the repeal or amendment of a regulation, the Lieutenant Governor in Council, the minister or other authority that made the regulation must repeal or amend the regulation as directed.
CONSOLIDATED ACTS AND REGULATIONS
Subject to subsections (2) to (5), as soon as practicable after an Act or regulation is amended, the legislative counsel must
(a) prepare a consolidated version that reflects the change made by the amendment;
(b) arrange for the updated version to be published on the Manitoba Laws website; and
(c) make a copy of the updated version available to the Queen's Printer, who may print and sell or distribute copies of it.
No application if amended provision not yet in force
Subsection (1) does not apply to an amendment of a provision that is not yet in force.
Consolidation not required for some public Acts
The legislative counsel is not required to prepare and publish a consolidated version of a public Act that is not included in the Continuing Consolidation of the Statutes of Manitoba.
Non-publication of maps, diagrams, etc.
If a consolidated regulation includes a map, illustration, plan, diagram, photograph, graph, table or information that has not been provided to the registrar in a form acceptable to the registrar for online publication, the registrar may dispense with the online publication of that part of the regulation.
If the registrar dispenses with the online publication of a part of a consolidated regulation, the published regulation must include a notice about the missing information and where it is available for inspection.
Prior consolidated versions of Acts
When a consolidated Act is updated or repealed, the legislative counsel must ensure that the previous or repealed version of the Act continues to be published on the Manitoba laws website.
The legislative counsel must maintain information tables that provide
(a) the legislative history of each consolidated Act or regulation by citing each Act or regulation that amends or repeals the consolidated Act or regulation;
(b) information about when an original or amending Act or regulation comes into force if that information is not contained within the Act or regulation; and
(c) any other information that, in the opinion of the legislative counsel, would be helpful in understanding the relevant legislative history;
and must arrange for the tables to be published on the Manitoba Laws website.
Correction of consolidation or publication error
On discovering an error made in the process of consolidating or publishing a consolidated Act or regulation, the legislative counsel must arrange for the corrected version to be published on the Manitoba Laws website.
Editorial changes and corrections
The legislative counsel may, before or after a consolidated Act or regulation is published, but without altering its legal effect, make any change or correction that
(a) corrects a spelling, capitalization, punctuation, grammatical error, or other error of a clerical, typographical or similar nature;
(b) alters the style or presentation of text or graphics to be consistent with the style and formatting practices of the legislative counsel office, or to improve electronic or print presentation;
(c) is a minor editorial change required to ensure a consistent form of expression;
(d) is a minor change required to make a form of expression in English or French more compatible with its form of expression in the other language;
(e) adds, revises or deletes an information note, table of contents, heading, historical reference or other reader's aid that does not form part of an Act or regulation;
(f) replaces a description of a date or time with the actual date or time;
(g) replaces a reference to a bill or any part of a bill with a reference to the resulting Act or part of the Act after the bill is enacted and assigned a chapter number;
(h) removes a reference to a contingency in a provision that is stated to come into effect when or if that contingency occurs, if that contingency has occurred, or is required as a result of removing such a reference;
(i) updates a reference to a person, office, organization, place or thing if an Act provides that references to it are deemed or considered to be references to another person, office, organization, place or thing;
(j) updates a reference to reflect a change in the name, title, location or address of a person, office, organization, place or thing, other than
(i) a change in the name or title of a document adopted or incorporated by reference into an Act or regulation unless it was adopted or incorporated as amended from time to time, and
(ii) a change in the title of a minister or the name of a department;
(k) updates a reference to a minister or department when, under subsection 5(3) of The Executive Government Organization Act, an Act or regulation is to be read as if it were amended as necessary to give effect to an order in council made under The Executive Government Organization Act;
(l) corrects an error in the numbering of a provision or other portion of an Act or regulation, or is a change to a cross-reference required as a result of such a correction;
(m) corrects an obvious error in a cross-reference, if it is obvious what the correction should be;
(n) if a provision of a transitional nature is contained in an amending Act or regulation, incorporates it as a provision of the consolidated Act or regulation and makes any other changes that are required as a result; or
(o) removes a provision that is deemed by section 45 of The Interpretation Act to have been repealed because it has expired, lapsed or otherwise ceased to have effect.
Notice of change or correction
When making a change or correction under this section, the legislative counsel
(a) must notify the Queen's Printer of the change or correction; and
(b) may publish — or must publish, in the case of a change or correction described clauses (2)(f) to (o) — a notice on the Manitoba Laws website that identifies the change or correction or states the nature of it.
In determining whether to publish a notice under subsection (3), and in determining the information to be included in a notice under that subsection, the legislative counsel must consider the nature of the change or correction and the extent to which the information given by the notice would help in understanding the relevant legislative history.
Continuing Consolidation of the Statutes of Manitoba
The Continuing Consolidation of the Statutes of Manitoba (abbreviated as "C.C.S.M."), being a set of consolidated public Acts of general application previously published in a loose-leaf format, is continued as an online publication.
The legislative counsel may
(a) add a public Act to the Continuing Consolidation of the Statutes of Manitoba by assigning it a unique C.C.S.M. chapter number and including a note about the assignment in the published version of the Act; or
(b) renumber the chapter number assigned to a C.C.S.M. Act as follows:
(i) if the Act contains a provision that assigns a chapter number, by changing the reference to the chapter number in that provision and including a note about that change in the published version of the Act,
(ii) if the Act does not contain a provision that assigns a chapter number, by including a note about the change in the published version of the Act.
PROOF OF LEGISLATION
Official copy of Act or regulation
Subject to subsection (2), a copy of
(a) the bilingual version of an original or consolidated Act or regulation; or
(b) the English version of a regulation that was made in English only;
is an official copy of that law if the copy
(c) is printed by or under the authority of the Queen's Printer; or
(d) is accessed from the Manitoba Laws website in a prescribed form or format.
Subsection (1) does not apply to a copy that includes or is accompanied by a disclaimer to the effect that it is not an official copy.
Official copy of part of regulation
The fact that the online publication of a part of a regulation has been dispensed with by the registrar does not make the other part an unofficial copy.
Presumption — printed by Queen's Printer
In the absence of evidence to the contrary, a copy of an Act or regulation purporting to have been printed by or under the authority of the Queen's Printer is presumed to have been so printed.
Presumption — accessed from Manitoba Laws website
In the absence of evidence to the contrary, a copy of an Act or regulation submitted with an oral or written statement to the effect that it was accessed from the Manitoba Laws website in a prescribed form or format is presumed to have been so accessed.
Official copy as evidence — original Act or regulation
In the absence of evidence to the contrary, an official copy of an original Act or regulation is presumed to be an accurate statement of that law.
Official copy as evidence — consolidated Act or regulation
Subject to subsections (3) to (5) and in the absence of evidence to the contrary, an official copy of a consolidated Act or regulation is presumed to be an accurate statement of that law,
(a) in the case of an Act or regulation printed by or on behalf of the Queen's Printer, on the consolidation date shown on the copy;
(b) in the case of an Act or regulation accessed from the Manitoba Laws website in a prescribed form or format, during the period from the consolidation date shown on the copy to the currency date shown on the copy.
If an amendment to a consolidated Act or regulation is deemed to have come into force before the date of enactment of the amendment,
(a) a copy of the consolidated Act or regulation before the date of enactment will not include the retroactive amendment; and
(b) the consolidation date to be shown on a copy of the first consolidated version that includes the amendment is the date of enactment of the amendment.
Consolidation not to operate as new law
A consolidated Act or regulation does not operate as new law, but is to be interpreted as a consolidation of the original enactment and the subsequent amendments that have come into force.
In the event of an inconsistency between an official copy of a consolidated Act or regulation and the original Act or regulation as amended, the original Act or regulation as amended prevails.
If "R" is appended to the registration number of a regulation registered in 1987 or 1988, the regulation is a re-enactment, in English and French, of a regulation that was first enacted in English only. The re-enacted provisions do not operate as new law, but are a consolidation of, and are declaratory of, the law contained in the regulation immediately before the registration of the re-enacted regulation.
In the absence of evidence to the contrary, the date of royal assent specified in an official copy of an Act is proof of the following:
(a) in the case of an original Act, the date that it received royal assent;
(b) in the case of a consolidated Act, the date that the original Act received royal assent.
Proof of date of coming into force by proclamation
In the absence of evidence to the contrary, the date specified in an official copy of a consolidated Act — or on the Manitoba Laws website — of the coming into force of the Act, a part of the Act or an amendment to the Act by proclamation is proof that the Act, that part of the Act or that amendment came into force on that day.
Proof of registration and date of registration
In the absence of evidence to the contrary,
(a) an official copy of a regulation is proof that the regulation was registered in accordance with this Act or the former Regulations Act; and
(b) the date of registration specified on an official copy of a regulation is proof of its date of registration.
Date of online publication of regulation
In the absence of evidence to the contrary, the date of publication specified
(a) in an official copy of a regulation accessed from the Manitoba Laws website; or
(b) on the Manitoba Laws website;
is proof of the date that the regulation was first published on the website.
In the absence of evidence to the contrary, a certificate of the registrar stating that
(a) a regulation was registered in accordance with this Act or the former Regulations Act;
(b) a regulation was registered on a specified date; or
(c) a regulation was first published on the Manitoba Laws website on a specified date;
is proof of that fact or those facts.
REGULATIONS
The Lieutenant Governor in Council may make regulations
(a) respecting the duties and powers of the legislative counsel or the registrar;
(b) respecting the registration of regulations, including the authority of the registrar to refuse registration;
(c) exempting a regulation or class of regulations from registration under Part 3 and prescribing the form of publication, if any, that is required for the regulation or class of regulations;
(d) prescribing the form or format for a copy of an Act or regulation that, if accessed from the Manitoba Laws website, qualifies as an official copy of the Act or regulation, including the form or format of a printout, on-screen display or other output of electronic data;
(e) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable for the purpose of this Act.
RELATED AND CONSEQUENTIAL AMENDMENTS
The Certified Applied Science Technologists Act
Section 10 of The Certified Applied Science Technologists Act is replaced with the following:
Inspection of by-laws and rules
The by-laws and rules of the Association or the Board shall be available for inspection by any person at the head office of the Association at all reasonable times during business hours, free of charge.
The Civil Service Act
Subsection 57(5) of The Civil Service Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a regulation made under this Act.
The Coat of Arms, Emblems and the Manitoba Tartan Act
The Coat of Arms, Emblems and the Manitoba Tartan Act is amended by this section.
Subsection 6(4) is replaced with the following:
The Lieutenant Governor in Council may make regulations restricting or prohibiting the use of the tartan, its design or any representation of the tartan or its design.
Section 8 is amended by adding "or a regulation under subsection 6(4)" after "this Act".
The Colleges Act
Subsection 4(4) of The Colleges Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a power exercised by the minister under this section.
The Commodity Futures Act
The Commodity Futures Act is amended by this section.
Subsection 66(2) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to an order made under this section.
Subsection 71(5) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a rule made by the commission under subsection (1).
Subsection 72(1) is replaced with the following:
Every rule made by the commission under section 71 must be published on the commission's website.
The part of subsection 72(2) before clause (a) is amended by striking out "in The Manitoba Gazette" and substituting "as required by this section".
Subsection 72(3) is amended by striking out "in The Manitoba Gazette" and substituting "as required by this section".
The following is added after subsection 72(3):
In the absence of evidence to the contrary, a copy of a rule accessed from the commission's website or a printout of such a copy, if it is accompanied by an oral or written statement confirming that it was so accessed, is presumed to be an accurate statement of the rule.
In the absence of evidence to the contrary, the date of publication specified
(a) in a copy of a rule accessed from the commission's website;
(b) on the commission's website; or
(c) in a certificate of the director;
is proof of the date that the rule was first published on the commission's website.
Clause 75(2)(b) is amended by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Community Child Care Standards Act
Section 35 of The Community Child Care Standards Act is amended by striking out "Notwithstanding The Regulations Act a regulation" and substituting "A regulation".
The Conservation Districts Act
Subsection 7(8) of The Conservation Districts Act is repealed.
The Consumer Protection Act
Subsection 169(10) of The Consumer Protection Act is repealed.
The Court of Appeal Act
Section 35 of The Court of Appeal Act is replaced with the following:
The rules made under this Act are regulations within the meaning of The Statutes and Regulations Act.
The Provincial Court Act
Subsection 26(2) of The Provincial Court Act is amended by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Court of Queen's Bench Act
The Court of Queen's Bench Act is amended by this section.
Clause 79(1)(b) is replaced with the following:
(b) publish on a website maintained by or for the government or the court, a table showing the quarterly interest rates for prejudgment interest and for postjudgment interest for the quarter and for up to 39 of the most recent quarters.
Subsection 93(2) is amended by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Drivers and Vehicles Act
Subsection 124(2) of The Drivers and Vehicles Act is amended by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Education Administration Act
Subsection 4(3) of The Education Administration Act is amended by striking out "Notwithstanding The Regulations Act, a regulation" and substituting "A regulation".
The Election Financing Act
The third paragraph of subsection 81(5) of The Election Financing Act is replaced with the following:
The Statutes and Regulations Act does not apply to regulations made under this section, but they must be published on the Elections Manitoba website.
The Elections Act
Subsection 34(3) of The Elections Act is replaced with the following:
The chief electoral officer must publish on the Elections Manitoba website a notice of each appointment of a returning officer. The notice is to remain on the website until another returning officer is appointed for the same electoral division.
The Electoral Divisions Act
Subsection 10(6) of The Electoral Divisions Act is amended
(a) by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act"; and
(b) by striking out "Part 1 of".
The Emergency Measures Act
The Emergency Measures Act is amended by this section.
Subsection 10(5) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a declaration under subsection (1) or to an extension of the duration of a declaration under subsection (4).
Subsection 14(2) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to the termination of a state of emergency under subsection (1).
Subsection 15(3) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to the termination of a state of local emergency under subsection (2).
The Emergency Medical Response and Stretcher Transportation Act
Subsection 16(5) of The Emergency Medical Response and Stretcher Transportation Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to an order made under this section.
The Employment and Income Assistance Act
Subsection 19(2) of The Employment Income and Assistance Act is amended by striking out ", notwithstanding the provisions of The Regulations Act,".
The Endangered Species Act
Subsection 12(2) of The Endangered Species Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to an exemption under subsection (1).
The Environment Act
The Environment Act is amended by this section.
Subsection 25.1(6) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to an order made under this section.
Subsection 41(7) is amended
(a) in clause (b), by striking out "in The Manitoba Gazette under The Regulations Act" and substituting "in accordance with The Statutes and Regulations Act"; and
(b) in clause (d), by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Executive Government Organization Act
Subsection 5(3) of The Executive Government Organization Act is replaced with the following:
Reference to minister or department
If an Act, regulation, order or other document that refers to a minister by title, or to a department, is affected by an order in council made under this section or section 8, it is to be read as if it were amended as necessary to give effect to that order.
The Gas Pipe Line Act
Subsection 35(2) of The Gas Pipe Line Act is repealed.
The District Health and Social Services Act
The District Health and Social Services Act is amended by this section.
Section 9 is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a regulation made under section 6.
Subsection 39(2) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a regulation made under subsection (1) but the minister must send a copy of the regulation to each board.
The Helen Betty Osborne Memorial Foundation Act
Subsection 8(3) of The Helen Betty Osborne Memorial Foundation Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to the by-laws of the foundation.
The Highways Protection Act
The part of subsection 18(3) of The Highways Protection Act before clause (a) is amended by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Highway Traffic Act
The Highway Traffic Act is amended by this section.
Subsection 86(5.2) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to an order made by the minister under clause (2)(a).
Subsection 90(9) is amended in the part before clause (a) by striking out "Subject to subsection (10), the minister" and substituting "The minister".
Subsections 90(10) and 326(16) are repealed.
The Manitoba Hydro Act
Subsection 28(3) of The Manitoba Hydro Act is replaced with the following:
Statutes and Regulations Act applies
The Statutes and Regulations Act applies to a regulation made under this section.
The Income Tax Act
The Income Tax Act is amended by this section.
Subsections 37(3) and (4) are repealed.
Subsection 37(5) is replaced with the following:
A regulation made under this Act may be made retroactive to the extent the Lieutenant Governor in Council considers necessary to implement or give effect to
(a) a tax or administrative measure included in a budget presented to the Legislative Assembly; or
(b) an amendment to this Act.
Retroactive effect — federal regulations
If a federal regulation that applies for the purposes of this Act is effective with respect to a period before it is published in the Canada Gazette, it is effective for the purposes of this Act with respect to the same period.
The Insurance Act
Subsection 396.1(8) of The Insurance Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a rule of an insurance council made pursuant to this section.
S.M. 2012, c. 29 (unproclaimed provision amended)
Section 84.3 of The Insurance Amendment Act, S.M. 2012, c. 29, is amended, in the part before clause (a), by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Interpretation Act
The Interpretation Act is amended by this section.
Clause (a) of the definition "regulation" in section 1 is replaced with the following:
(a) a regulation as defined in The Statutes and Regulations Act, or part of such a regulation, and
Subsection 31(2) is amended by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Schedule of Definitions is amended
(a) in the definition ""Continuing Consolidation of the Statutes of Manitoba" or "C.C.S.M"", by striking out "prepared under The Department of Justice Act" and substituting "published under The Statutes and Regulations Act as the Continuing Consolidation of the Statutes of Manitoba";
(b) in the definition "enactment", by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Jury Act
Subsection 8(3) of The Jury Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to the Chief Sheriff's descriptions of jury districts.
The Department of Justice Act
The Department of Justice Act is amended by this section.
Section 3 is amended by striking out ", an officer who shall be known as "Legislative Counsel",".
Sections 5 to 8 are repealed.
The Legislative Assembly Act
Section 52.14 of The Legislative Assembly Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to regulations made under this Part, but they must be published on the Assembly's website.
The Legislative Assembly Management Commission Act
Section 13 of The Legislative Assembly Management Commission Act is amended by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Liquor Control Act
The Liquor Control Act is amended by this section.
Section 12 is amended by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
Section 13 and subsection 179(2) are repealed.
The Lobbyists Registration Act
Subclause (a)(iii) of the definition "lobby" in subsection 1(1) of The Lobbyists Registration Act is amended by striking out "as defined in The Regulations Act" and substituting "to which The Statutes and Regulations Act applies".
The Milk Prices Review Act
Sections 11 and 12 of The Milk Prices Review Act are repealed.
The Mines and Minerals Act
Subsection 30(2) of The Mines and Minerals Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to rules of practice and procedure made under subsection (1).
The Municipal Act
The Municipal Act is amended by this section.
Subsection 23(5) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a direction under subsection (4).
Subsection 39(5) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a direction under subsection (4).
Subsection 73(3) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a direction under subsection (2).
Section 419 is replaced with the following:
In the absence of evidence to the contrary, an official copy under The Statutes and Regulations Act of a regulation made under section 418 is proof of compliance with any condition that applies to the making of the regulation.
The Municipal Board Act
The Municipal Board Act is amended by this section.
Subsection 24(3) is amended by striking out "in The Manitoba Gazette" and substituting "on the board's website".
Section 55 is amended by adding "or on the board's website" after "The Manitoba Gazette".
The Northern Affairs Act
The Northern Affairs Act is amended by this section.
Subsection 9(2) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to the principles, standards and criteria established under this section.
Section 236 is replaced with the following:
In the absence of evidence to the contrary, an official copy under The Statutes and Regulations Act of a regulation made under this Act is proof of compliance with any condition that applies to the making of the regulation.
The Off-Road Vehicles Act
The part of subsection 46(2) of The Off-Road Vehicles Act after clause (b) is struck out.
The Oil and Gas Act
Subsection 26(2) of The Oil and Gas Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to rules of practice and procedure made under subsection (1).
The Psychologists Registration Act
Subsections 6(2) and (3) of The Psychologists Registration Act are repealed.
The Public Schools Act
Subsection 9(7.1) of The Public Schools Act is amended by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Public Utilities Board Act
The Public Utilities Board Act is amended by this section.
Subsection 24(3) is amended by striking out "in The Manitoba Gazette" and substituting "on the board's website".
Section 53 is amended by adding "or on the board's website" after "The Manitoba Gazette".
Subsection 104.1(11) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a list of conditions precedent and procedures approved by the board under subsection (6).
The Public Works Act
Subsection 20(6) of The Public Works Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to anything done or any order made or direction given under this section.
The Red River Floodway Act
Subsection 9(4) of The Red River Floodway Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a declaration under this section.
The Regulated Health Professions Act
S.M. 2009, c. 15 (unproclaimed provision amended)
Subsection 7(2) of The Regulated Health Professions Act, S.M. 2009, c. 15, is amended by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Securities Act
The Securities Act is amended by this section.
Subsections 20(2) and (3) are replaced with the following:
Publication of order or notice
As soon as practicable after making an order under subsection (1), the commission must publish on its website
(a) a copy of the order; or
(b) a notice of the order summarizing the order and the facts relating to the order.
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to an order made under subsection (1).
In the absence of evidence to the contrary, a copy of an order accessed from the commission's website or a printout of such a copy, if it is accompanied by an oral or written statement confirming that it was so accessed, is presumed to be an accurate statement of the order.
Subsection 149.1(5) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a rule made under subsection (1) by the commission.
Subsection 149.2(1) is replaced with the following:
Every rule made by the commission under section 149.1 must be published on the commission's website.
The part of subsection 149.2(2) before clause (a) is amended by striking out "in The Manitoba Gazette" and substituting "as required by this section".
Subsection 149.2(3) is amended by striking out "in The Manitoba Gazette" and substituting "as required by this section".
The following is added after subsection 149.2(3):
In the absence of evidence to the contrary, a copy of a rule accessed from the commission's website or a printout of such a copy, if it is accompanied by an oral or written statement confirming that it was so accessed, is presumed to be an accurate statement of the rule.
In the absence of evidence to the contrary, the date of publication specified
(a) in a copy of a rule accessed from the commission's website;
(b) on the commission's website; or
(c) in a certificate of the Director;
is proof of the date that the rule was first published on the commission's website.
Clause 149.5(2)(b) is amended by striking out "The Regulations Act" and substituting "The Statutes and Regulations Act".
The Special Operating Agencies Financing Authority Act
Subsection 11(2) of The Special Operating Agencies Financing Authority Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to the establishment of an operating charter for an agency under clause (1)(b).
The Sustainable Development Act
Section 19 of The Sustainable Development Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to an order of the Lieutenant Governor in Council establishing or revising the Sustainable Development Strategy, sustainability indicators, code of practice or financial management and procurement guidelines.
The Water Power Act
Section 16 of The Water Power Act is repealed.
The Water Protection Act
The part of subsection 11(5) of The Water Protection Act before clause (a) and the section heading are replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to
The Water Resources Administration Act
The Water Resources Administration Act is amended by this section.
Subsection 13(3) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to an order in council made under this section.
Subsection 18(4) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to an order made under subsection (1).
The Manitoba Water Services Board Act
Subsection 58(2) of The Manitoba Water Services Board Act is repealed.
The Water Supply Commissions Act
Section 3 and subsection 18(2) of The Water Supply Commissions Act are repealed.
The Women's Institutes Act
Subsection 29(3) of The Women's Institutes Act is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a by-law, rule or regulation made under subsection (2).
The Workers Compensation Act
The Workers Compensation Act is amended by this section.
Subsection 68(2.3) is replaced with the following:
Statutes and Regulations Act does not apply
The Statutes and Regulations Act does not apply to a by-law, order or rule made by the board under this Act, other than a rule of procedure.
Subsection 77(1.1) is replaced with the following:
A regulation made under subsection (1) may be made retroactive to any date and, subject to The Statutes and Regulations Act, is valid against all persons as of that date.
The St. Andrew's College in Winnipeg Incorporation Act
Section 35 of The St. Andrew's College in Winnipeg Incorporation Act is repealed.
REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
The Regulations Act, S.M. 1988-89, c. 7, is repealed.
This Act may be cited as The Statutes and Regulations Act and referred to as chapter S207 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.
SCHEDULE B
THE QUEEN'S PRINTER ACT
TABLE OF CONTENTS
Section
1 Definitions
2 Appointment of Queen's Printer
3 General responsibilities
4 Publishing Manitoba Gazette and other publications
5 Contents of gazette
6 Distribution and sale of gazette and other publications
7 Contracts for government and government agencies
8 Crown copyright
9 Legislative Assembly
10 Delegation
11 Regulations
12 Amendment to Executions Act
13 Repeal
14 C.C.S.M. reference
15 Coming into force
SCHEDULE B
THE QUEEN'S PRINTER ACT
The following definitions apply in this Act.
"government agency" means a board, commission, association or other body, whether or not incorporated, 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 or by the Lieutenant Governor in Council; or
(b) if not so appointed, are public officers, or for the proper discharge of their duties, directly or indirectly responsible to the Crown. (« organisme gouvernemental »)
"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)
"publish" means to make public by or through any media. (« publier »)
Appointment of Queen's Printer
The Lieutenant Governor in Council must appoint, in accordance with The Civil Service Act, a person as the Queen's Printer for Manitoba.
The Queen's Printer must perform the duties assigned and may exercise the powers given to the Queen's Printer under this Act or any other Act or by the Lieutenant Governor in Council or the minister.
Publishing Manitoba Gazette and other publications
The Queen's Printer is responsible for publishing and the preparatory aspects of publishing
(a) the official gazette for Manitoba, known as The Manitoba Gazette; and
(b) other publications of the government or a government agency as directed by the Lieutenant Governor in Council or the minister.
Unless another mode of publication is directed or authorized by law, all notices, advertisements, orders and other documents that under a Manitoba law are required to be published are to be published in The Manitoba Gazette.
Other documents published in gazette
The Queen's Printer may publish in The Manitoba Gazette any other documents that the Queen's Printer considers appropriate.
Distribution and sale of gazette and other publications
The Queen's Printer may sell or distribute copies of The Manitoba Gazette and other publications of the government or a government agency.
The Queen's Printer is responsible for arranging or entering into contracts on behalf of the government with respect to the following:
(a) publishing and any of the preparatory aspects of publishing;
(b) advertising and communication services, including any preparatory aspects;
(c) any other related matter, as directed by the minister.
The Lieutenant Governor in Council or the minister may authorize or require the Queen's Printer to arrange or enter into a contract on behalf of a government agency, with respect to a matter set out in subsection (1).
The Queen's Printer, on behalf of the government, is responsible for managing and protecting the Crown's title, copyright and other rights and interests in, all legislative and other materials published by or on behalf of the government. This includes permitting the use of these materials by others on such conditions as the Queen's Printer considers appropriate.
The Queen's Printer may, upon request, arrange or enter into contracts with respect to publishing or any of the preparatory aspects of publishing required for the Legislative Assembly or an independent officer of the Assembly.
The Queen's Printer may delegate in writing any of his or her duties or powers to any person, and may impose conditions or restrictions on the delegation.
The Lieutenant Governor in Council may make regulations
(a) respecting the publication of The Manitoba Gazette;
(b) establishing a schedule of fees or charges to be paid
(i) for publishing notices, advertisements and other documents in The Manitoba Gazette,
(ii) for subscriptions to The Manitoba Gazette or copies of it,
(iii) for copies of other publications sold or distributed by the Queen's Printer;
(c) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.
Subsection 20(3) of The Executions Act is amended by striking out "therefor in accordance with The Public Printing Act" and substituting "in accordance with The Queen's Printer Act".
The Public Printing Act, R.S.M. 1988, c. P240, is repealed.
This Act may be referred to as chapter Q10 of the Continuing Consolidation of the Statutes of Manitoba.
This Act comes into force on a day to be fixed by proclamation.