Legislative Update – New Proclamation

The Government of Manitoba proclaims the following:

With the advice and consent of the Executive Council of Manitoba, we name January 25, 2018, as the day on which The Efficiency Manitoba Act (S.M. 2017, c. 18), except for sections 37, 44 and 49, comes into force.

The purpose of the act is to establish Efficiency Manitoba Inc. Efficiency Manitoba’s mandate is to achieve electrical energy savings of 1.5% annually and natural gas savings of 0.75% annually during the first 15 years of operation. For more information see the explanatory note at the beginning of the act.

 

Legislative Update – New Proclamation

The Manitoba Government has issued the following proclamation:

With the advice and consent of the Executive Council of Manitoba, we amend the proclamation issued on November 9, 2016, in respect of the coming into force of The New Home Warranty Act (S.M. 2013, c. 23) by striking out “January 1, 2018” and substituting “January 1, 2020”.

This Bill ensures that all new homes built for sale are covered by a warranty against defects in materials, labour and design and structural defects, and requires home builders and warranty providers to be registered.

 

Manitoba Queen’s Bench Rules, amended

Manitoba’s civil Queen’s Bench Rules are undergoing a significant amendment effective January 1, 2018. As noted in Chief Justice Joyal’s practice direction issued on November 8, 2017, the new rules and practices involve four major changes:

  1. Judicial involvement in managing cases;
  2. Trial scheduling;
  3. Judicially assisted dispute resolution (JADR); and
  4. Summary judgment.

Prior to the enforcement date, you can review the unconsolidated amendment which was registered October 2, 2017.

If you rely on the print looseleaf edition of the rules, Prof. Busby’s Manitoba Queen’s Bench Rules Annotated, make sure you check Manitoba Law’s website for an up-to-date version until the print edition is updated.

 

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.

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.