The Special Operating Agencies Act

The Special Operating Agencies Act, C.C.S.M. c. S185 (Assented to June 24, 1992) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: bilingual version (HTML) Table of Contents Section 1 Definitions 2-4 Repealed 5 Delegation of powers 6-8 Repealed 9 Financing from Consolidated Fund 10 Repealed 11 Designation of special operating agencies 12 Operating charter required 13 Management agreements 13.1 Annual review of operating charters and management agreements 14 Provisions governing agencies 15 Revoking designation 16-21 Repealed 22 Audits 23 Repealed 24 Annual reports of agencies 25-26 Repealed 27 Crown bound 28 C.C.S.M. reference 29 Coming into force Definitions 1 In this Act, "agency" means a special operating agency; (« organisme ») "management agreement" means an agreement made under this Act for the administration of an agency; (« accord de gestion ») "operating charter" means an operating charter established for an agency under this Act; (« charte ») "special operating agency" means a special operating agency designated under this Act. (« organisme de service spécial ») S.M. 2022, c. 45, s. 61 . 2 to 4 [Repealed] S.M. 2022, c. 45, s. 62 . Delegation of powers 5 The Minister of Finance may delegate to any person any of the powers conferred upon him or her by this Act. 6 [Repealed] S.M. 2015, c. 40, s. 52 ; S.M. 2022, c. 45, s. 62 . 7 [Repealed] S.M. 2022, c. 45, s. 62 . 8 [Repealed] S.M. 2021, c. 11, s. 128 ; S.M. 2022, c. 45, s. 62 . 9(1) [Repealed] S.M. 2022, c. 45, s. 63 . Working capital 9(2) The Minister of Finance with the approval of the Lieutenant Governor in Council may, without legislative authority other than this section, advance to an agency from time to time, from the Consolidated Fund, for use as working capital, such sums as the Minister of Finance may consider necessary for the purposes of this Act. Repayment of advances 9(3) All money advanced to an agency under subsection (2) must be repaid by the agency to the Consolidated Fund at such times, on such terms and with such interest as the Lieutenant Governor in Council may direct. S.M. 2022, c. 45, s. 63 . 10 [Repealed] S.M. 2022, c. 45, s. 64 . Designation of special operating agencies 11 The Lieutenant Governor in Council may, by regulation, designate one or more departments, divisions, branches or programs of the government as a special operating agency. S.M. 1997, c. 52, s. 19 ; S.M. 2013, c. 39, Sch. A, s. 87 ; S.M. 2015, c. 40, s. 52 . Operating charter required 12(1) For each agency, the Minister of Finance must establish an operating charter that will govern the operations of the agency. Amendment of operating charter 12(2) The Minister of Finance may amend or replace an operating charter from time to time. S.M. 1997, c. 52, s. 19 ; S.M. 2015, c. 40, s. 52 . Management agreements 13 Where the operating charter of an agency so provides, the Minister of Finance may enter into a management agreement with the minister responsible for the administration of the agency, not inconsistent with this or any other Act of the Legislature and providing for (a) the management of the agency's financial operations; and (b) such other matters as the Minister of Finance and the responsible minister consider necessary. S.M. 2015, c. 40, s. 52 ; S.M. 2022, c. 45, s. 65 . Annual review of operating charters and management agreements 13.1 At least once a year, an agency must review its operating charter and management agreement and provide a report to the Minister of Finance identifying any amendment the agency considers necessary or appropriate. S.M. 2015, c. 40, s. 52 ; S.M. 2022, c. 45, s. 66 . Provisions governing agencies 14 Each agency shall perform its duties and functions and conduct its operations in accordance with the provisions of its operating charter, its management agreement, if any, and this Act and, except as in this Act otherwise provided, not contrary to any other Act of the Legislature. Revoking designation 15(1) The Lieutenant Governor in Council may, by regulation, revoke the designation of a special operating agency on any terms the Lieutenant Governor in Council considers appropriate. Effect of revocation 15(2) An agency ceases to be a special operating agency on the date the regulation revoking its designation comes into force. S.M. 1997, c. 52, s. 19 ; S.M. 2015, c. 40, s. 52 ; S.M. 2022, c. 45, s. 67 . 16 to 19 [Repealed] S.M. 2022, c. 45, s. 68 . 20 [Repealed] S.M. 1998, c. 45, s. 16 ; S.M. 2022, c. 45, s. 68 . 21 [Repealed] S.M. 2022, c. 45, s. 68 . Audits 22 An agency's financial records and accounts must be audited annually by the Auditor General or any other auditor appointed by the Minister of Finance, and the cost of the audit is to be paid by the agency. S.M. 2001, c. 39, s. 31 ; S.M. 2015, c. 40, s. 52 ; S.M. 2018, c. 29, s. 36 . 23 [Repealed] S.M. 2007, c. 6, s. 102 ; S.M. 2015, c. 40, s. 52 . Annual reports of agencies 24(1) Each minister responsible for the administration of an agency shall, within six months after the end of each fiscal year, prepare a report of the operations of the agency for that fiscal year, and the report shall include the audited financial statements of the agency for that fiscal year. Tabling reports of agencies 24(2) Each minister responsible for the administration of an agency shall, after preparing a report under subsection (1), lay a copy of the report before the Legislative Assembly if it is then in session and, if it is not then in session, within 15 days after the commencement of the next ensuing session of the Legislative Assembly. S.M. 1996, c. 59, s. 108 ; S.M. 2015, c. 40, s. 52 . 25 and 26 [Repealed] S.M. 2022, c. 45, s. 68 . Crown bound 27 The Crown in right of Manitoba is bound by this Act. C.C.S.M. reference 28 This Act may be referred to as chapter S185 of the Continuing Consolidation of the Statutes of Manitoba . Coming into force 29 This Act is retroactive and is deemed to have come into force on April 1, 1992.