The Legislative Building Centennial Restoration and Preservation Act

The Legislative Building Centennial Restoration and Preservation Act, C.C.S.M. c. L117 (Assented to June 3, 2019) bilingual version (HTML) Table of Contents Section PART 1 INTRODUCTORY PROVISIONS 1 Definitions 2 Purpose PART 2 RESTORING AND PRESERVING THE LEGISLATIVE BUILDING AND ASSOCIATED INFRASTRUCTURE 3 Advisory committee established 4 Support to advisory committee 5 Consultations with legislative building users 6 Consultation results and recommendations 7 Developing long-term plan 8 Review by advisory committee 9 Plan to guide restoration and preservation work 10 Five-year review 11 Annual implementation plan 12 Annual payments for restoration and preservation 13 Spending restriction 14 Additional spending PART 3 MAINTAINING THE LEGISLATIVE BUILDING AND ASSOCIATED INFRASTRUCTURE 15 Annual payments for maintenance 16 Spending requirement 17 Additional spending 18 Annual maintenance plan PART 4 GENERAL PROVISIONS 19 Tabling plans 20 Repeal of Part 2 21 C.C.S.M. reference 22 Coming into force HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: PART 1 INTRODUCTORY PROVISIONS Definitions 1 The following definitions apply in this Act. "advisory committee" means the legislative building restoration and preservation advisory committee established under section 3. (« Comité consultatif ») "annual implementation plan" means the plan approved under subsection 11(3). (« plan annuel de mise en œuvre ») "annual maintenance plan" means the plan approved under subsection 18(3). (« plan annuel d'entretien ») "associated infrastructure" means (a) the stairs, walkways, roadways and supporting infrastructure on the legislative grounds; (b) the fountain located on the south side of the legislative building; (c) the services tunnel that runs between the legislative building and the power house located at 219 Memorial Boulevard; and (d) Government House; but does not include the government greenhouses located at 446 Assiniboine Avenue. (« infrastructures connexes ») "division" means the division within government that is responsible for the operation and stewardship of government buildings. (« division ») "Government House" means the building located at 10 Kennedy Street in the City of Winnipeg. (« Palais du gouvernement ») "legislative building" means the building located at 450 Broadway in the City of Winnipeg. (« Palais législatif ») "legislative grounds" means (a) the area bounded by Broadway, Kennedy Street, Osborne Street and Assiniboine Avenue in the City of Winnipeg; and (b) the area that extends from the southern boundary of the area described in clause (a) to the Assiniboine River, but does not include the riverwalk that runs along the north bank of the Assiniboine River. (« terrain du Palais législatif ») "long-term restoration and preservation plan" means the plan approved under subsection 8(2). (« plan de restauration et de préservation à long terme ») "restoration and preservation work" means the work identified in clauses 7(1)⁠(a), (b) and (c). (« travaux de restauration et de préservation ») "Speaker" means the Speaker of the Legislative Assembly. (« président ») S.M. 2020, c. 21, s. 244 . Purpose 2 The purpose of this Act is to (a) ensure that the most appropriate measures are taken to restore, preserve, update and maintain the legislative building and its associated infrastructure; and (b) provide stable and secure funding for the restoration, preservation, updating and maintenance of the legislative building and associated infrastructure. PART 2 RESTORING AND PRESERVING THE LEGISLATIVE BUILDING AND ASSOCIATED INFRASTRUCTURE ADVISORY COMMITTEE Advisory committee established 3(1) The legislative building restoration and preservation advisory committee is hereby established. Members 3(2) The advisory committee consists of (a) the Speaker; and (b) at least five and not more than nine members appointed by the Lieutenant Governor in Council. Required expertise 3(3) The advisory committee must include (a) at least one person with architectural conservation and restoration experience; and (b) at least one person with engineering experience. Term 3(4) A member of the advisory committee other than the Speaker is to be appointed for a term not exceeding five years. Term continues 3(5) A member whose term expires continues to hold office until they are re-appointed, the appointment is revoked or a successor is appointed. Co-chairs 3(6) The co-chairs of the advisory committee are (a) the Speaker; and (b) a member designated as co-chair by the Lieutenant Governor in Council. Support to advisory committee 4 The division must provide the advisory committee with technical and administrative support required for the advisory committee to carry out its duties under this Act. LONG-TERM RESTORATION AND PRESERVATION PLAN Consultations with users of legislative building 5(1) The advisory committee must conduct public consultations with groups who frequently use the legislative building to determine their priorities respecting the restoration and preservation of the legislative building and associated infrastructure. Consultations with occupants 5(2) The advisory committee must consult with members of the Assembly and other persons who work in the legislative building to (a) determine their needs and priorities respecting the restoration and preservation of the legislative building and associated infrastructure; and (b) obtain their views on measures to minimize disruptions while restoration and preservation work is being performed. Consultation results and recommendations 6 The advisory committee must provide the division with the results of its consultations and its recommendations on restoration and preservation work required on the legislative building and associated infrastructure. Developing long-term plan 7(1) Guided by the information and recommendations from the advisory committee, the division must develop a plan that (a) identifies all repairs required on the legislative building and associated infrastructure; (b) specifies the most appropriate measures to restore and preserve the legislative building and associated infrastructure; (c) identifies the measures required to modernize or upgrade systems and infrastructure within the legislative building and Government House to ensure proper functioning of those buildings in the future; and (d) assigns a level of priority to the repairs and measures identified in clauses (a), (b) and (c) and time lines for their completion. Required input on development of plan 7(2) When developing the long-term restoration and preservation plan, the division must consult with architectural conservation and restoration experts and construction and engineering professionals. S.M. 2020, c. 21, s. 245 . Review by advisory committee 8(1) The division must provide the advisory committee with its long-term restoration and preservation plan for review and approval. Approval by advisory committee 8(2) The advisory committee may approve the plan as submitted or it may require the division to make specified changes to the plan before approving it. Plan to guide restoration and preservation work 9 The long-term restoration and preservation plan is to serve as the general guide for all decisions respecting the restoration and preservation of the legislative building and associated infrastructure. Five-year review 10(1) Within five years after this Act comes into force, the advisory committee and the division must undertake a joint review of the long-term restoration and preservation plan and the progress of restoration and preservation work. Amendments to long-term plan 10(2) Following the review, the division may propose amendments to the long-term restoration and preservation plan. The division must provide the advisory committee with the proposed amendments. Approval by advisory committee 10(3) Upon receiving proposed amendments to the long-term restoration and preservation plan, the advisory committee may (a) approve the amendments as submitted; (b) require the division to make specified changes to the amendments before approving the amendments; or (c) reject the amendments. ANNUAL IMPLEMENTATION PLAN Annual implementation plan 11(1) For each fiscal year, the division must prepare a plan that (a) specifies the restoration and preservation work to be performed on the legislative building and associated infrastructure that year; (b) specifies the amount to be spent on each specific restoration and preservation project for that year; and (c) identifies, in general terms, the restoration and preservation work the division proposes to undertake in each of the following two years, except for the fiscal years 2032-2033 and 2033-2034. Review by advisory committee 11(2) The division must provide the advisory committee with the annual implementation plan for review and approval. Approval by advisory committee 11(3) The advisory committee may approve the annual implementation plan as submitted or it may require the division to make specified changes to the plan before approving it. FUNDING Annual payments for restoration and preservation 12 For the fiscal year 2019-2020 and for each of the next 14 fiscal years, a payment of $8,000,000 is to be made from the Consolidated Fund for restoration and preservation work to the legislative building and associated infrastructure without any further appropriation. S.M. 2026, c. 44, s. 49 . Spending restriction 13 Except for emergency repairs, money payable in a fiscal year under section 12 may be spent only on restoration and preservation work that the annual implementation plan specifies is to be performed in that fiscal year. Additional spending 14 The amount provided under section 12 does not limit the spending on restoration and preservation work on the legislative building and associated infrastructure. For greater certainty, additional money may be used to pay for such work from (a) money authorized by an Act to be applied for that purpose; (b) contributions from the Government of Canada or a department or agency of the Government of Canada; and (c) donations, grants and bequests from individuals, foundations, corporations and other organizations. PART 3 MAINTAINING THE LEGISLATIVE BUILDING AND ASSOCIATED INFRASTRUCTURE FUNDING Annual payments for maintenance 15(1) Subject to adjustment under subsection (2), for each fiscal year beginning after March 31, 2034, a payment of $2,500,000 is to be made from the Consolidated Fund to pay for maintenance to the legislative building and associated infrastructure without any further appropriation. Adjustment for inflation 15(2) At the beginning of 2034 and each fifth year after that, the amount specified in subsection (1) is to be adjusted for inflation by (a) determining the ratio between the Consumer Price Index for Manitoba (All-items) published by Statistics Canada under the Statistics Act (Canada) at the beginning of the 2019 calendar year and at the beginning of the calendar year for which the adjustment is made; (b) applying that ratio to the amount specified in subsection (1); and (c) rounding to the nearest $10,000. Spending requirement 16 The amount provided under section 15 must be spent in that fiscal year for maintenance work on the legislative building and associated infrastructure that is specified in the annual maintenance plan for that fiscal year. Additional spending 17 The amount provided under section 15 does not limit the spending on maintenance of the legislative building and associated infrastructure. For greater certainty, additional money may be used to pay for such maintenance from (a) money authorized by an Act to be applied for that purpose; (b) contributions from the Government of Canada or a department or agency of the Government of Canada; and (c) donations, grants and bequests from individuals, foundations, corporations and other organizations. ANNUAL MAINTENANCE PLAN Annual maintenance plan 18(1) For each fiscal year beginning after March 31, 2034, the division must prepare a plan that (a) specifies the maintenance work to be performed on the legislative building and associated infrastructure that year; and (b) specifies the amount to be spent on each specific maintenance project for that year. Review 18(2) The division must provide the Legislative Assembly Management Commission with the annual maintenance plan for review and approval no later than 90 days before the start of the fiscal year. Approval 18(3) The Legislative Assembly Management Commission may approve the annual maintenance plan as submitted or it may require the division to make specified changes to the plan before approving it. PART 4 GENERAL PROVISIONS Tabling plans 19 The Speaker must table a copy of the long-term restoration and preservation plan and each annual implementation plan and annual maintenance plan on any of the first 15 days on which the Assembly is sitting after each plan is approved. Repeal of Part 2 20 Part 2 of this Act is repealed on March 31, 2034. C.C.S.M. reference 21 This Act may be referred to as chapter L117 of The Continuing Consolidation of the Statutes of Manitoba . Coming into force 22 This Act comes into force on the day it receives royal assent.