Legislative Update – April 25, 2024

by George Roy | Apr 25, 2024 | Bill Status, Legislation, New Bills

News

• Manitoba Government Introduces Legislation to Support Transgender, Two-Spirit, Non-binary and Gender-Diverse Manitobans, April 9, 2024 – “The Manitoba government is introducing legislation that would exempt the publication of two-spirit, transgender, non-binary and gender-diverse individuals’ legal name change in the Manitoba Gazette…”
• Manitoba Government Introduces Legislation to Lower Emissions with Carbon Capture and Storage, April 4, 2024 – “The Manitoba government has introduced legislation that would help reduce greenhouse gas emissions by creating a framework for industries to begin work on underground carbon capture and storage projects…”

The Legislative Assembly of Manitoba

First Session, Forty-Third Legislature

Government Bills

Introduced

• Bill 29 The Body Armour and Fortified Vehicle Control Amendment Act – prohibits hidden compartments being added to a vehicle after it has been manufactured. After-market compartments available for sale to the general public are still permitted.
  • A vehicle with a prohibited after-market hidden compartment can be seized. The vehicle is forfeited if the owner or a person with a prior registered interest in the vehicle does not pay the costs to seize the vehicle and remove the compartment before a specified deadline.
  • Vehicles and body armour forfeited under the Act are no longer required to be destroyed.
• Bill 30 The Unexplained Wealth Act (Criminal Property Forfeiture Act and Corporations Act Amended) – The court may make an order that requires a person to provide information about how they acquired property or an interest in property if it appears that their known sources of income and assets would not be sufficient to do so and if the person or a closely-related person have been involved in unlawful activity.
  • The court is to presume, unless the contrary is proven, that
    • cash is proceeds of unlawful activity if it is mailed or shipped with no information or false information about the sender; and
    • a building is an instrument of unlawful activity if a controlled substance is found in the building in a quantity or in circumstances consistent with the trafficking of the substance.
  • Several minor or administrative changes are made to the Act.
    • Crypto assets such as cryptocurrency are added to the definition of “property”.
    • The maximum value of property that can be the subject of administrative forfeiture proceedings is increased from $75,000 to $125,000.
    • The maximum length of interim orders under the Act is extended from 30 days to 60 days.
    • Notice of administrative forfeiture proceedings must be published on a government website instead of in a newspaper.
• Bill 31 The Captured Carbon Storage Act – Establishes a regulatory scheme to enable the safe storage of captured carbon dioxide in geological formations in Manitoba.
  • Part 2 clarifies that the pore space under the surface of the land, including pore space in which captured carbon may be stored, belongs to the province.
  • Part 3 sets out a licensing scheme for subsurface carbon storage projects.
  • Part 4 governs surface and subsurface rights in relation to storage areas. A carbon storage licence and a well licence are conditional on the applicant having the necessary surface and subsurface rights.
  • Under Part 5, a director is appointed to administer and enforce the Act. Compliance and enforcement measures include the ability to carry out inspections, issue orders, impose administrative penalties and prosecute contraventions.
  • Under Part 6, appeals from decisions about reservations, licences, permits, orders and administrative penalties may be made to an appeal board.
• Bill 33 The Change of Name Amendment Act (3) -Under The Change of Name Act, the Director of Vital Statistics must notify the public when a person changes their name, subject to limited exceptions. The Act is amended to remove that requirement if the reason for the change relates to the individual being transgender, non-binary, gender-diverse or two-spirit Indigenous.
• Bill 36 The Regulated Health Professions Amendment Act – Currently under The Regulated Health Professions Act, the council of a college may direct its registrar to cancel a member’s registration or certificate of practice if the member has been convicted of an offence that is relevant to the member’s suitability to practise. The Act is amended to require the council to consider the cancellation at a meeting that is open to the public, with limited exceptions.

Private Members’ – Public Bills

Introduced

• Bill 211 The Drivers and Vehicles Amendment Act (Manitoba Parks Licence Plates) – Amended to permit an organization to apply to the Registrar of Motor Vehicles to make a licence plate available that includes the words “Manitoba Parks”, along with an associated graphic.

In Committee

• Bill 200 The Firefighters Recognition Day Act (Commemoration of Days, Weeks and Months Act Amended)

Private Members’ – Private Bills

Introduced

• Bill 300 The Winnipeg Foundation Amendment Act – Amended in two ways: (1) The mayor of the City of Winnipeg is no longer required to be a member of the board of directors of the Foundation and (2) Audit information about the Foundation’s financial statements must be published on its website.

For the status of all current bills click here.

Regulations

Legislative Update – April 8, 2024

by Jhoanna Altasin | Apr 8, 2024 | Bill Status, Legislation, New Bills

News

• Manitoba Government Cracking Down on Organized Crime, Drug Traffickers April 5, 2024 – “[The] government is cracking down on drug traffickers and organized criminals by making it easier for police to proactively investigate their assets, seize the proceeds of crime and strike a financial blow to their organizations…”
• Manitoba Government Settles with Children in Care for $530 Million in Historic Class Action Lawsuits March 25, 2024 – “The Manitoba government has agreed in principle to pay $530 million to children in care over the province’s actions and policies relating to the administration of Children’s Special Allowances (CSA) from Child and Family Services (CFS) agencies between 2005 and 2019.”
• Manitoba Government Releases Third Quarter Fiscal Report March 22, 2024 – The 2023-24 Third Quarter Report Fiscal and Economic Update is available here.

The Legislative Assembly of Manitoba

First Session, Forty-Third Legislature

Government Bills

Introduced

• Bill 22 The Celebration of Nigerian Independence Day Act (Commemoration of Days, Weeks and Months Act Amended) – Amended to proclaim October 1 of each year as Celebration of Nigerian Independence Day.
• Bill 23 The Change of Name Amendment Act (2) – Amended to require a criminal record check when an application is made to change a person’s name.
• Bill 24 The Intimate Image Protection Amendment Act (Distribution of Fake Intimate Images) – Amended to address the distribution of fake intimate images created by the use of technology that appear to depict identifiable people as being nude or engaged in sexual activity.

2nd Reading

• Bill 8 The Safe Access to Abortion Services Act

Passed

• Bill 25 The Interim Appropriation Act, 2024

Private Bills

Introduced

• Bill 208 The Two-Spirit and Transgender Day of Visibility Act (Commemoration of Days, Weeks and Months Act Amended) – Proclaims March 31 of each year as the Two-Spirit and Transgender Day of Visibility.
• Bill 209 The Provincial Court Amendment Act (Expanded Training for Judges and Judicial Justices of the Peace) – Amended to expand the continuing education topics for provincial court judges to include intimate partner violence and coercive control in intimate partner and family relationships.

For the status of all current bills click here.

Regulations

Legislative Update – March 19, 2024

by Jhoanna Altasin | Mar 20, 2024 | Bill Status, Legislation, New Bills

News

• Manitoba Government Modernizing Services to Make Life Easier for Manitoba Families March 15, 2024 – “The Manitoba government has entered into an agreement with the Government of Canada to allocate $1.5 million toward the implementation of an electronic death registration system within the Manitoba’s Vital Statistics Branch, Consumer Protection and Government Services…”
• Manitoba Government Back to Session, Ready to Deliver March 6, 2024 – “The Manitoba government is working to fix health care, make people and communities safer, and grow the economy with strong protections for workers, Premier Wab Kinew shared…”

First Session, 43rd Legislature

Government Bills

Introduced

• Bill 7 The Public Sector Construction Project (Tendering) Repeal Act – repeals the Public Sector Construction Projects (Tendering) Act.
• Bill 8 The Safe Access to Abortion Services Act – creates access zones for clinics and prescribed facilities that provide abortion services and for residences of providers of those services.
• Bill 9 The Employment Standards Code Amendment Act – extends the length of the leave for serious injury or illness from 17 weeks to 27 weeks.
• Bill 10 The Advanced Education Administration Amendment Act – reduces funding to an educational institution that fails to adopt and implement a sexual violence policy that meets the requirements of the Act.
• Bill 11 The Statutes and Regulations Amendment and Interpretation Amendment Act – provides regulation-making and revision powers to achieve a gender-neutral style in Manitoba’s legislation.
• Bill 13 The Emergency Medical Response and Stretcher Transportation Amendment Act – enables licences to be issued to operators of different parts of an air emergency medical response system. In these circumstances, the licence holders must enter into an agreement with each other regarding the operation of the entire system.
• Bill 14 The Minor Amendments and Corrections Act, 2024 – makes the following amendments:
  • Part 1 amends various Acts to correct typographical, numbering and other drafting errors. Minor amendments are also made.
  • Part 2 makes amendments to various Acts respecting the term “associate judge”.
  • Part 3 amends various Acts respecting the French name of the Law Society of Manitoba.
• Bill 15 The Credit Unions and Caisses Populaires Amendment Act – creates the following amendments:
  • A credit union may terminate a member’s membership without a resolution of directors if the member has engaged in conduct that is abusive, discriminatory or a threat to the health or safety of others in the member’s dealings with the credit union.
  • A credit union may request that the Registrar advise whether the credit union has the authority to make a by-law before having it considered at a meeting of members of the credit union.
  • A director nomination proposal must be submitted before a meeting of members in order to be considered at the meeting.
  • A credit union is no longer required to make a members register available for examination at a meeting of members.
• Bill 16 The Regulatory Accountability Reporting Act and Amendments to the Statutes and Regulations Act – establishes that that the government must make available to the public and the Assembly an annual report on its regulatory accountability initiatives.
• Bill 17 The Workplace Safety and Health Amendment Act – re-establishes the Advisory Council on Workplace Safety and Health. The council is appointed by the minister and advises the minister on matters relating to the Act and its administration.
• Bill 18 The Community Child Care Standards Amendment Act – enables grants to support child care education or training provided by post-secondary institutions.
• Bill 19 The Drivers and Vehicles Amendment Act – the provisions dealing with written off, salvageable and irreparable motor vehicles will now apply to heavy trailers.
• Bill 20 The Highway Traffic Amendment Act – a person who fails to have an ignition-interlock device installed in their vehicle can no longer appeal the suspension of their licence or their participation in the ignition-interlock program.
• Bill 21 The Public Schools Amendment Act – expands who is considered to be a resident pupil to include the following:
  • a pupil who lives with a parent or guardian who is a member of a visiting force or who holds a work or study permit;
  • a pupil who lives with a responsible adult who is not their parent or legal guardian;
  • a pupil who is a refugee or a child of a refugee.
• Bill 25 The Interim Appropriation Act, 2024

Private Bills

Introduced

• Bill 202 The Community Foundation Day Act (Commemoration of Days, Weeks and Months Act Amended) – proclaims April 26 as Community Foundation Day.
• Bill 203 The Occupiers’ Liability Amendment Act – notice of a personal injury claim related to snow or ice on private property must be given within 60 days after the injury occurred.

2nd Reading

• Bill 207 The Islamic Heritage Month Act (Commemoration of Days, Weeks and Months Act Amended)

For the status of all current bills click here.

Regulations