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 Updates – New Bill

The Government of Manitoba recently introduced the following bill:

Third Session, Forty-First Legislature

Bill 33: The Interim Appropriation Act, 2018 (2)

This Act repeals Bill 2,  The Interim Appropriation Act, 2018, S.M. 2018, c. 1 and gives authority for operating expenditures for the fiscal year 2018-19. It comes into effect with Royal Assent, which it received on June 20, 2018. It is now listed under Annual Statutes, S.M. 2018, c. 25.

 

Ottawa Proposes Changes to the Divorce Act-Updated

The Minister of Justice, Jody Wilson Raybould, recently introduced Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act. This is the first major overhaul to the Divorce Act since the child support guidelines were enacted in 1997.

Some of the reforms included in the Bill include:

  • Establishing a framework for relocating a child;
  • Fleshing out the term “best interest of the child”;
  • Provide for orders requiring contact with a child for another person, e.g. a grandparent.

The federal government has been consulting with members of the family bar and other stakeholders for the past two years in preparation for this bill.

Commentary from The Lawyers Daily: Bar Gives Good Initial Reviews

A Brief Overview of Bill C-78, Part 2, by John-Paul Boyd

A Brief Overview of Bill C-78, Part 1, by John-Paul Boyd

 

Legislative Updates – New Bills

The Government of Manitoba recently introduced the following bills:

Third Session, Forty-First Legislature

Bill 29: The Wildlife Amendment Act (Safe Hunting and Shared Management)

This Bill contains amendments to The Wildlife Act. They include the following:

  • A general prohibition on night hunting is established. In southern Manitoba, an aboriginal person may hunt at night if they have a permit and are hunting in the area set out in the permit where the department has determined that night hunting may be conducted. An aboriginal person exercising harvesting rights in northern Manitoba may hunt at night if they comply with prohibitions and restrictions established by regulation.
  • Minimum fines are established for persons convicted of dangerous hunting offences.
  • The minister may appoint shared management committees to provide recommendations on the conservation and management of wildlife in a specific area. At least half of the committee members must be aboriginal persons. A shared management committee must also have representation from hunters, outfitters and local land owners.
  • The minister may work with a variety of organizations to encourage private landowners to give consent to enable persons to hunt or trap on their land.

Bill 30: The Statutes Correction and Minor Amendments Act, 2018

This Bill corrects typographical, numbering and other drafting errors. It also makes minor amendments to various Acts and repeals two municipal Acts.