by George Roy | Jul 8, 2020 | Legislation, Proclamations
Two acts have come into force on July 1st.
Schedule B of The Family Law Modernization Act; The Child Support Service Act is proclaimed into force on July 1st with important changes including:
- In addition to its current role of recalculating existing child support orders based on updated income information, the Service is given authority to make initial child support decisions in specified circumstances. This will enable many families to have child support determined without having to make a court application.
- The Service may recalculate all Manitoba child support orders unless a court order prohibits recalculation. Current law permits recalculation only when a court order authorizes it.
- The Service may determine when support for an adult child is no longer eligible for recalculation. This eliminates the need for many parties to make a court application.
- Child support agreements become eligible for recalculation by the Service.
The Courts Modernization Act (Various Acts Amended) (S.M. 2019, c. 16) is also proclaimed in force July 1st. Amendments include the following:
- The Court of Appeal Act
- New procedures are established to make orders respecting persons who are vexatious litigants. The ability of the court to make rules regarding practice and procedure is clarified. The court must make an annual report respecting its activities.
- The Provincial Court Act
- Committees that were convened to provide a list of candidates when there was a need to appoint a judge or a judicial justice of the peace are made standing committees. Each committee will maintain an ongoing list of qualified candidates. When an appointment is required, the committee will prepare a list of candidates who are recommended for the appointment in question.
- Provincial court judges must retire at age 75.
- The Court of Queen’s Bench Act
- New procedures are established to make orders respecting persons who are vexatious litigants.
- A committee that was convened to provide a list of candidates when there was a need to appoint a master is made a standing committee. This committee will maintain an ongoing list of qualified candidates and will prepare a list of recommended candidates when a master is to be appointed.
- Masters must retire at age 75. The court must make an annual report respecting its activities. The ability of all judges to deal with aspects of certain family proceedings is clarified.
- The Court of Queen’s Bench Small Claims Practices Act
- The monetary limit for a small claim action is raised from $10,000 to $15,000. That limit may be increased by regulation.
- A defendant in a small claim action is required to file a defence. Default judgment may be obtained against a defendant who does not file a defence by the deadline set under the rules. A process is established to set aside default judgments.
- The amount of costs that can be awarded against a party is increased from $100 to $500. Wrongful dismissal from employment claims cannot be brought in a small claim action.
For a list of these and all other Proclamations visit the Government of Manitoba website here.
by George Roy | Jun 8, 2020 | Legislation, New Bills
Government Bills
Second Readings
Bill 43 The Civil Service Superannuation Amendment Act –Hansard
Private Bills
First Reading
Bill 212 The Health Services Insurance Amendment Act (Personal Care Home Guidelines) – This Bill amends The Health Services Insurance Act to require the minister to ensure that the current standards for paid care set out in the guidelines are maintained. The minister must also establish standards to ensure that the direct care provided to residents is adequate. Requires reporting of personal care homes and the minister annually detailing reasons for any failing and how care adequately provides for residents.
Check here for the current status of bills.
by George Roy | May 25, 2020 | Legislation, New Bills
Private Bills
1st Reading
Bill 216: The Abortion Protest Buffer Zone Act – Prohibits certain activities within access zones for clinics and facilities that provide abortion services and for service providers. Also prohibits certain activities within 50 metres of school sites.
Bill 300: The Winnipeg Humane Society Foundation Incorporation Amendment Act – Makes changes to the composition of the board, adjustments to investments and minor amendments
Check here for the current status of bills.
by George Roy | May 1, 2020 | Legislation, Proclamations
The Government has issued the following Proclamation:
The Reducing Red Tape and Improving Services Act, 2019 S.M. 2019, c. 11 (sections 11 and 31)
“This Act amends several Acts and repeals three Acts and five regulations to reduce or eliminate regulatory requirements and to improve services.”
Specifically , section 11 deals with the The Fatality Inquiries Act, while section 31 amends the Vital Statistics Act.
For a current list of all proclamations, see here.
by George Roy | Apr 20, 2020 | Bill Status, Legislation, New Bills
Second Session, Forty-Second Legislature
Passed
Government Bills
First Reading and Passed
- Bill 54: The Emergency Measures Amendment Act ( amendment(s) adopted at Committee Stage) – Currently, only the minister or a local authority may make emergency orders to prevent or limit loss of life and damage to property and the environment. This Bill gives the Lieutenant Governor in Council the power to make three types of orders when a state of emergency is declared.
- Bill 55: The Employment Standards Code Amendment Act – This Bill amends The Employment Standards Code to add a temporary job-protected leave for employees who are unable to work due to circumstances related to the COVID-19 pandemic. The requirement for an employee to provide a certificate from a health professional in respect of a leave provided for in the Code is also temporarily suspended.
- Bill 56: The Family Maintenance Amendment Act – amends The Family Maintenance Act. It enables maintenance enforcement officials to make more frequent inquiries to determine if a maintenance obligation for an adult child remains eligible for enforcement. In addition, when a request is made for an administrative suspension of a maintenance order, each party is entitled to a copy of material submitted by the other party, with any sensitive information deleted.
- Bill 57: The Regulated Health Professions Amendment Act – amends The Regulated Health Professions Act to allow a regulated health profession college to re-register former members, without complying with the usual registration requirements, if the minister notifies the college that a threat to public health exists and their assistance is required.
- Bill 58: The Residential Tenancies Amendment Act – amends The Residential Tenancies Act.
- Rent is frozen at the amount payable immediately before April 1, 2020.
- Evictions are limited to specific circumstances that infringe, interfere with or adversely affect the security, safety, health or well-being of other tenants, such as engaging in unlawful activity. This amendment is effective as of March 24, 2020.
- Late fees for failure to pay rent are prohibited.
- Bill 59: The Public Health Amendment Act – amends The Public Health Act. New prohibitions or requirements can be made in a public health emergency order to prevent the spread of a communicable disease. Measures to assist in the enforcement of public health emergency orders are added. The fines for failing to comply with public health emergency orders are increased. Additional persons may be authorized by regulation to enforce the Act and orders made under it. Orders made under the Act are not subject to The Statutes and Regulations Act. Orders directed to the public at large may be published on a government website.
- Bill 60: The Appropriation Act, 2020 (COVID-19 Response)
- Bill 61: The Loan Act, 2020
- Bill 62: The Fuel Tax Amendment and Retail Sales Tax Amendment Act – amends The Fuel Tax Act to suspend, for the duration of the 2020 public health emergency, the requirements that a carrier who is not licenced under the International Fuel Tax Agreement pay a tax and obtain a single-trip permit upon entering Manitoba.
Private Bills
Passed
Check here for the current status of bills.
As part of its effort to provide accurate information about COVID-19, the Winnipeg Free Press has released a free article detailing these emergency bills. See here for more details.
by George Roy | Apr 17, 2020 | Legislation, Proclamations
The Government has issued the following Proclamation:
The Business Registration, Supervision and Ownership Transparency Act (Various Acts Amended) (S.M. 2019, c. 25)
- sections 1, 2 and 9 and Parts 2 and 3 come into force on April 9, 2020
- sections 3 to 8 and Part 4 to come into force on June 27, 2020
This act deals with Extra-Provincial Registrations, Supervision of Cooperatives, and Ownership Transparency. It makes amendments to The Business Names Registration Act, The Cooperatives Act, The Corporations Act and The Partnership Act.
Great LEXpectations RSS Feed