Legislative Updates – New Proclamations

The Government of Manitoba issued the following proclamation:

The Cannabis Harm Prevention Act (Various Acts Amended), (Parts 2, 3 and 6), S.M. 2017 c. 22. In force effective December 1, 2017.

The federal government has introduced legislation to legalize the non-medical use of cannabis (marijuana). This Act amends several Acts to address health or safety concerns that will arise when cannabis consumption is no longer illegal, and it closes any legislative gaps that might be created when cannabis is no longer considered to be an illegal drug.

The Child Sexual Exploitation and Human Trafficking Act

Cannabis is expressly stated to be a controlled substance under this Act. This ensures that the Act continues to apply to persons who supply cannabis in exchange for sexual conduct with a child or in order to compel victims of human trafficking to engage in specified activities.

The Drivers and Vehicles Act

This Act is amended to require the registrar of motor vehicles to make a determination whether to suspend the licence of a novice driver or a person with a class or subclass of driver’s licence prescribed in the regulations if the person receives a 24-hour roadside suspension under the new addition to The Highway Traffic Act for being under the influence of a drug.

The Highway Traffic Act

This Act is amended to:

  • create restrictions on the transportation of cannabis in motorized vehicles;
  • prohibit the consumption of cannabis in motorized vehicles on a highway;
  • create a 24-hour roadside suspension when an officer believes on reasonable grounds that as a result of being under the influence of a drug, a person is unable to safely operate a motor vehicle, vessel, aircraft or railway equipment; and
  • mirror the obligation on the registrar of motor vehicles added to The Drivers and Vehicles Act under similar provisions of The Highway Traffic Act.

The Mental Health Act

Cannabis is expressly listed as an intoxicant under this Act. A prohibition on providing intoxicants to residents in a mental health facility still applies to cannabis when it is legalized.

The Non-Smokers Health Protection Act

This Act is amended to prohibit people from smoking cannabis in enclosed public places, including through the use of e-cigarettes.

The Off-Road Vehicles Act

This Act is amended to create similar transportation and consumption prohibitions for off-road vehicles as those added for vehicles under The Highway Traffic Act.

The Public Schools Act

Every school must have a student code of conduct. The code must include a statement that students must not possess alcohol or illicit drugs at school. Since cannabis will not be considered an illicit drug when it is legalized, the Act is amended to specifically add cannabis to the list of prohibited products.

Contents Update – Canadian Labour & Employment Law Journal

We just received Volume 20, Issue No. 2 of Canadian Labour & Employment Law Journal with the theme of “Frontiers of Human Rights in Canadian Workplaces”. Featured articles:

  • Addressing Work-Family Conflict in Quebec: The Gap Between Policy Discourse and Legal Response – Stéphanie Bernstein
  • Gender, Religion and Workplace: Reimagining Reasonable Accommodation – Vrinda Narain
  • Competing Visions of an Inclusive Society: The Charter of Quebec Values and the Workplace – Louis-Philippe Lampron
  • Trends in Human Rights Damages: Courts, Statutory Tribunals and Labour Arbitration – Michelle Flaherty
  • Survival of the Fittest: The Failure to Accommodate and Compensate in the Canadian Armed Forces – Julie Harmgardt
  • Just Cause – Industrial Discipline at Arbitration in the 1940s – Paul Craven
  • Judicial Review of Labour Relations Board and Labour Arbitration Decisions in the Post-Dunsmuir Period in Ontario – Luba Yurchak

Please contact the library if you would like a copy of any of these articles.

Legislative Updates – New Bills

The Government of Manitoba recently introduced the following bills:

Third Session, Forty-First Legislature

Bill 3: The Canadian Free Trade Agreement Implementation Act (Labour Mobility Act and Regulated Health Professions Act Amended)

This Bill makes administrative amendments to The Labour Mobility Act and The Regulated Health Professions Act to reflect that the Government of Manitoba and the governments of Canada and the other provinces and territories have agreed to a new domestic trade agreement, the Canadian Free Trade Agreement.

Bill 4: The Legislative Assembly Amendment Act (Member Changing Parties) 

This Bill repeals the provision of The Legislative Assembly Act that requires a Member of the Assembly elected as a member of a political party to sit as an independent if they cease to belong to that party.

Bill 7:  The Sustainable Watersheds Act (Various Acts Amended) 

This Bill amends four Acts. The amendments primarily deal with improving water management in Manitoba.

Bill 8: The Government Notices Modernization Act (Various Acts Amended) 

Part 1 of this Bill amends The Queen’s Printer Act to establish the deputy minister of the department that administers the Act as the Queen’s Printer and to require the Queen’s Printer to make The Manitoba Gazette, an official government publication, available to the public online at no cost.

Part 2 of this Bill amends provisions in 24 statutes that relate to the government’s publication of official notices. These amendments remove references to printed “issues” of The Manitoba Gazette so that it may be published online. Several requirements to publish a notice or document in a newspaper are replaced with the requirement or option of publishing it in The Manitoba Gazette.

Bill 9: The Community Child Care Standards Amendment Act (Enhanced Powers Respecting Governance and Accountability) 

This Bill amends The Community Child Care Standards Act. The provincial director is given new powers for addressing financial, operational or governance-related problems at a child care facility.

The renewal period for a licence for a child care facility is increased from one year to three years. The government now has the authority to recover child care subsidies provided to parents in error or on the basis of false information.

Existing wording in the Act is modernized and clarified.

Bill 10: The Boards, Committees, Councils and Commissions Streamlining Act (Various Acts Amended or Repealed)

This Bill amends various Acts and repeals others in order to consolidate or eliminate a number of boards, committees, councils and commissions or reduce their size.

Bill 11: The Safe and Responsible Retailing of Cannibis Act (Liquor and Gaming Control Act and Manitoba Liquor and Lotteries Corporation Act Amended)

This Bill  amendsThe Liquor and Gaming Control Act and The Manitoba Liquor and Lotteries Corporation Act to authorize and regulate the retail sale of cannabis in Manitoba when such sales are permitted by the federal government.

There are also several Private Members’ Bills that have been introduced.

Latest Issue of Communiqué

The December issue of the Law Society of Manitoba’s Communiqué has just been released. Hot topics include the winner of the Richard J. Scott Award (spoiler alert – it’s John A. Myers) and highlights of the 140th Anniversary Gala Dinner. Be sure to download your copy to keep abreast of all that is going on with your regulator.

 

New Books in the Library

New additions to our print collection:

Criminal Law:

Sentencing, 9th ed., by Clayton Ruby et al

Martin’s Related Criminal Statutes, 2017-2018 ed. with annotations by Edward L. Greenspan, Q.C., The Honourable Mr. Justice Marc Rosenberg, and Marie Henein

Administrative Law:

Administrative Law in Canada, 6th ed. by Sara Blake

Corporate and Commercial Law:

Canadian Business Corporations Law, 3rd ed., Vol. 2 by Kevin McGuiness (Vol. 1 already purchased)

Canadian Business Corporations Law, 3rd ed., Vol. 3 by Kevin McGuiness

Family Law: 

Settling Family Law Cases: Practical Techniques for Advocates and Neutrals by Lorne Wolfson

Tax Law: 

Principles of Canadian Income Tax Law, 9th ed. by Jinyan Li et al

Federal Legislation:

The Annotated Federal Interpretation Act by Nancy McCormack and Melanie R. Bueckert

New items are kept in our reserve collection, which is only available during business hours. Depending on demand, these can be borrowed for use off site for a limited amount of time.