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 Update – New Proclamations

The Government of Manitoba has issued the following proclamations:

The Legislative Security Act (whole act)S.M. 2017, c. 17. In force effective October 7, 2017.

This Act deals with security in the legislative precinct, which is the area that covers the Legislative Building and the grounds around the Legislative Building.

The Speaker of the Assembly has ultimate responsibility for security for the Legislative Assembly. The Speaker and the Minister of Justice are to enter into an arrangement respecting the provision of security in the legislative precinct. This arrangement must establish a process for selecting a director of legislative security. The director of legislative security is responsible for providing direction to legislative security officers who will provide security services in the legislative precinct.

Security officers may screen people entering the Legislative Building for weapons. A person who is not authorized to possess a weapon in the Legislative Building may be denied entry and have their weapon seized. Security officers may evict a person from the legislative precinct if the person engages in conduct that threatens safety in the legislative precinct or interferes with the operation of the Assembly.

Amendments are made to The Drivers and Vehicles Act to authorize the Registrar of Motor Vehicles to disclose certain vehicle licensing records to a legislative security officer.

A consequential amendment is made to The Legislative Assembly Management Commission Act.

The Fatality Inquiries Amendment Act (whole act), S.M. 2017, c. 15. In force effective November 1, 2017.

The Fatality Inquiries Act requires the reporting of sudden or unexpected deaths and deaths that occur in specified circumstances. An inquiry must be conducted into all reported deaths. A medical examiner must conduct an investigation into a death if the inquiry raises questions about the manner or cause of death. The chief medical examiner may arrange for a judicial inquest to be held to examine the circumstances of a death and make recommendations to prevent deaths in the future.

Inquiries and investigations

This Act clarifies the roles of investigators and medical examiners; specifies who has responsibility for taking control of a  body that is the subject of an inquiry; and authorizes inquiries into deaths of Manitoba residents that occur outside Manitoba.

Inquests

Amendments in this Act clarify when an inquest into a death is to be held. An inquest must be held if a person died as the result of the use of force by a peace officer. There is a presumption that an inquest is to be held if a person dies while in custody or while residing in specified provincial facilities. However, an inquest is not required in such cases if the death was due to natural causes and was not preventable or if there was no connection between the death and the supervision or care provided to the deceased. The chief medical examiner is not required to arrange for an inquest in specified situations.

The manner in which an inquest is called is updated. The amendments clarify the roles of the judge presiding at an inquest and counsel for the inquest. The ability of the Minister of Justice to call an inquest or have an active role in relation to matters under the Act is removed.

Act updated

Several provisions are rewritten or reorganized to improve readability. Outdated provisions are repealed. Consequential amendments are made to The Vital Statistics Act.

New Proclamations

The Government of Manitoba has issued the following proclamations:

The Protecting Children (Information Sharing) Act,  (whole Act), S.M. 2016, c. 17

In force effective September 15, 2017. This Bill authorizes organizations and others who provide services to at-risk and vulnerable children to collect, use and disclose personal information or personal health information about them. This authority is in addition to that already found in The Freedom of Information and Protection of Privacy Act and The Personal Health Information Act.

The Regulated Health Professions Act, (repeal of The Registered Nurses Act and subsections 51(1) and (2), 252(1) and clause 252(2)(b)), S.M. 2009 c. 15. 

In force effective May 31, 2018. This Bill changes the way health professions are regulated in Manitoba.

The Non-Smokers Health Protection Amendment Act (E-Cigarettes) (whole Act), S.M. 2015 c. 36.

In force effective October 1, 2017. This Bill amends The Non-Smokers Health Protection Act by extending its scope to include e-cigarettes.

New Proclamations, Signed 9 Aug 2017

The Government of Manitoba has issued the following proclamations:

The Court Security Amendment Act, S.M. 2017, c. 16

With the advice and consent of the Executive Council of
Manitoba, we name September 1, 2017, as the day on which
The Court Security Amendment Act (S.M. 2017, c. 16) comes
into force.

The Manitoba Institute of Trades and Technology Amendment Act (sections 1, 2 and 5), S.M. 2017, c. 9

With the advice and consent of the Executive Council of
Manitoba, we name September 1, 2017, as the day on which
sections 1, 2 and 5 of The Manitoba Institute of Trades and
Technology Amendment Act (S.M. 2017, c. 9) come into
force.

The Provincial Court Amendment Act, S.M. 2017, c. 4

With the advice and consent of the Executive Council of
Manitoba, we name September 1, 2017, as the day on which
The Provincial Court Amendment Act (S.M. 2017, c. 4)
comes into force.

The Provincial Offences Act and Municipal By-law Enforcement Act (Schedule A), S.M. 2013, c. 47

With the advice and consent of the Executive Council of
Manitoba, we name November 20, 2017, as the day on which
The Provincial Offences Act (S.M. 2013, c. 47, Sch. A),
comes into force.

 

 

 

New Proclamations

The Government of Manitoba has issued the following proclamations:

The Pooled Registered Pension Plans (Manitoba) Act, (S.M. 2017, c.3)

With the advice and consent of the Executive Council of
Manitoba, we name August 1, 2017, as the day on which The
Pooled Registered Pension Plans (Manitoba) Act (S.M. 2017,
c. 3) comes into force.

The Community Child Care Standards Amendment Act (Staff Qualifications and Training), (S.M. 2017, c. 10)

With the advice and consent of the Executive Council of
Manitoba, we name September 15, 2017, as the day on which
The Community Child Care Standards Amendment Act (Staff
Qualifications and Training) (S.M. 2017, c. 10) comes into
force.