New Display: The Legalization of Cannabis in Canada

With the official legalization of cannabis across Canada on October 17, 2018 we decided to compile some resources to help you and your clients navigate the new and important changes to the Provincial and Federal Legislation.

Manitoba Resources                        

Legislation Changes*

The Cannabis Harm Prevention Act (Various Acts Amended) S.M. 2017, c. 22

The Child Sexual Exploitation and Human Trafficking Act C.C.S.M. c. C94

The Drivers and Vehicles Act C.C.S.M. c. D104

The Highway Traffic Act C.C.S.M. c. H60

The Mental Health Act C.C.S.M. c. M110

The Smoking and Vapour Products Control Act, C.C.S.M. c. S150

The Off-Road Vehicles Act C.C.S.M. c. O31

The Public Schools Act C.C.S.M. c. P250

Web Resources

Cannabis in Manitoba

Manitoba Laws

Federal Resources

Legislation Changes*

The Cannabis Act

Criminal Code

Controlled Drugs and Substances Act

Web Resources

Cannabis Laws and Regulations

Frequently Asked Questions: Drug-Impaired Driving Laws

Cannabis in Canada: Get the Facts

Text

Wigmore on Cannabis by James G. Wigmore (Available to Members of the Law Society of Manitoba on desLibris behind the Member’s Portal.)

*This is a small list of recent legislation changes that have changed with the legalization of Cannabis in Canada. This is not a complete list of legislation changes and is current to October 17, 2018.

Legislative Updates: New Proclamations

The Government of Manitoba proclaims the following:

1. The Planning Amendment Act (Improving Efficiency in Planning) (s. 25). 

With the advice and consent of the Executive Council of Manitoba, we name October 15, 2018, as the day on which section 25 of The Planning Amendment Act (Improving Efficiency in Planning) (S.M. 2018, c. 14) comes into force.

This Act amends The Planning Act.

2. The Drivers and Vehicles Amendment and Highway Traffic Amendment Act (whole Act except s. 9 and 10)

With the advice and consent of the Executive Council of Manitoba, we name November 1, 2018, as the day on which The Drivers and Vehicles Amendment and Highway Traffic Amendment Act (S.M. 2018, c. 12), except sections 9 and 10, comes into force.

This Act amends The Drivers and Vehicles Act to make the offence of careless driving under The Highway Traffic Act an offence that must be reported to the Registrar of Motor Vehicles. The report enables the Registrar to proceed with driver improvement measures if warranted.

The Act also amends The Highway Traffic Act to require a three-day roadside licence suspension when a driver is charged with prohibited use of a cell phone or similar hand-held communication device while driving. For a second or subsequent offence in a 10-year period, the suspension period is increased to 7 days.

A driver whose licence is suspended receives a temporary driving permit valid until the end of the next day. The suspension for that person takes effect once the temporary permit expires.

The suspension may not be appealed to the Registrar of Motor Vehicles or to the Licence Suspension Appeal Board.

Legislative Updates: New Proclamations & New Bills

New Proclamations

The Government of Manitoba proclaims the following:

1. The Non-Smokers Health Protection and Vapour Products Amendment Act (Prohibiting Cannabis Consumption in Outdoor Public Places) (whole Act)

With the advice and consent of the Executive Council of Manitoba, we name October 17, 2018, as the day on which The Non-Smokers Health Protection and Vapour Products Amendment Act (Prohibiting Cannabis Consumption in Outdoor Public Places) (S.M. 2018, c. 18) comes into force.

This Act amends The Non-Smokers Health Protection and Vapour Products Act to prohibit the smoking or vaping of cannabis in outdoor public places and other places specified by regulation. Prohibitions relating to cannabis apply to areas under federal jurisdiction.

The Non-Smokers Health Protection and Vapour Products Act is renamed to reflect the broader regulation of smoking and vaping. Consequential amendments are made to three Acts because of the title change.

2. The Safe and Responsible Retailing of Cannabis Act (Liquor and Gaming Control Act and Manitoba Liquor and Lotteries Corporation Act Amended)(section 2, clauses 3(1)(b) and (c), subsection 3(2), sections 4 to 21 and Parts 2 and 3)

With the advice and consent of the Executive Council of Manitoba, we name October 17, 2018, as the day on which section 2, clauses 3(1)(b) and (c), subsection 3(2), sections 4 to 21 and Parts 2 and 3 of The Safe and Responsible Retailing of Cannabis Act (Liquor and Gaming Control Act and Manitoba Liquor and Lotteries Corporation Act Amended) (S.M. 2018, c. 9) come into force.

This Act amends The 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.

New Bills

The Government of Manitoba recently introduced the following bills:

Third Session, Forty-First Legislature

Bill 35: The Crown Lands Amendment Act (Improved Management of Community Pastures and Agricultural Crown Lands)

This Bill amends The Crown Lands Act.

Currently, fees or rent for leases and permits for agricultural Crown lands may be determined by public tender. This Bill enables regulations that provide for public auctions to also be used.

The Bill enables Cabinet to designate certain lands as community pastures and to regulate their use. The purpose of community pastures is to support haying and grazing on rangelands in a manner that conserves the lands’ ecological integrity and biodiversity. Once designated, community pastures must be managed in accordance with this purpose.

Bill 36: The Highway Traffic Amendment Act (Impaired Driving Offences)

On December 18, 2018, The Highway Traffic Act will be amended by The Impaired Driving Offences Act (Various Acts Amended) to reflect changes to the driving-related provisions of the Criminal Code. This Bill corrects a legislative gap created by those amendments.

 

 

 

Legislative Update – New Proclamation

The Government of Manitoba proclaimed the following:

With the advice and consent of the Executive Council of
Manitoba, we name September 30, 2018, as the day on which
sections 10 and 11 of The Regulatory Accountability Act and
Amendments to The Statutes and Regulations Act
(S.M. 2017, c. 21) come into force.

This Act establishes The Regulatory Accountability Act.

Regulatory accountability is based on the principles of achieving balance with regulatory requirements, identifying the best option for them, assessing their impact, consulting and communicating about them, monitoring and minimizing their number, and streamlining their design.