Blog Round-up April/May 2022

A round-up of blog posts from the Manitoba legal community from April/May 2022.

Brodsky Amy & Gould
Michael Dyck | Criminal Law
MLT Aikins
[bg_collapse view=”button-red” color=”#040707″ icon=”arrow” expand_text=”Show More” collapse_text=”Show Less” ] [/bg_collapse]
Pitblado Law Blog
[bg_collapse view=”button-red” color=”#040707″ icon=”arrow” expand_text=”Show More” collapse_text=”Show Less” ] [/bg_collapse]
TDS Law

Legislative Update

News

Manitoba Government Introduces International Child Support and Family Maintenance (Hague Convention) Act May 9, 2022

“The Manitoba government is introducing the international child support and family maintenance (Hague Convention) act that would improve access to justice by providing Manitoba families with additional avenues for establishing, varying and enforcing child and spousal support where one party lives outside Canada”

Manitoba Government Strengthening Laws to Protect Vulnerable Youth from Human Trafficking, Sexual Exploitation May 12, 2022

“The Manitoba government is proposing new legislation as well as amendments to existing acts that would further protect vulnerable children and youth who are at risk of human trafficking and sexual exploitation…

The proposed new legislation, the hospitality sector customer registry act, would improve the ability of law enforcement to investigate suspected instances of human trafficking by requiring hotels and temporary accommodations, including online accommodation platforms, to keep a register of guests, including their names and addresses, and make the registers available to investigators by order or without a warrant on an emergency-demand basis.”

Government Bills
Fourth Session, 42nd Legislature

Introduced

Bill 37 The International Child Support and Family Maintenance (Hague Convention) Act – This Bill implements the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance in Manitoba to facilitate the international recovery of child support and other forms of family maintenance. This Bill also applies procedures under The Inter-jurisdictional Support Orders Act to applications made under the Convention. Consequential amendments are made to The Court of Queen’s Bench Act and The Family Maintenance Act.

Bill 39 The Appropriation Act, 2022 (School Tax Rebate)

Bill 40 The Hospitality Sector Customer Registry Act and Amendments to The Child and Family Services Act and The Child Sexual Exploitation and Human Trafficking Act – Enacts The Hospitality Sector Customer Registry Act which would require hotels, online accommodation platforms and other persons prescribed by regulation to record information about their customers, including a customer’s name and primary residence.

Amends The Child and Family Services Act  to broaden the circumstances in which an agency can apply for an order that prohibits a person from contacting or residing with a child.

Amends The Child Sexual Exploitation and Human Trafficking Act to require hotels, online accommodation platforms, drivers of vehicles for hire and other persons to report human trafficking to a police service if they reasonably believe another person is subject to human trafficking.

In Commitee

18 The Legislative Security Amendment Act (No amendments)

19 The Beneficiary Designation (Retirement, Savings and Other Plans) Amendment Act (No amendments)

23 The Reducing Red Tape and Improving Services Act, 2022 (No amendments)

26 The Officers of the Assembly Act (Various Acts Amended) (No Amendments)

30 The Police Services Amendment and Law Enforcement Review Amendment Act (No amendments)

35 The Commemoration of Days, Weeks and Months and Related Repeals and Amendments Act (No amendments)

Private Bills

Introduced

Bill 237 The Drivers and Vehicles Amendment Act (Poppy Number Plates) – Licence plates depicting a red poppy and the Canadian flag are to be made available to honourably serving or discharged members of the Canadian Forces and to former members of the Royal Canadian Mounted Police Force.

2nd Reading

Bill 208 The Teachers’ Pensions Amendment Act

Bill 228 The Eating Disorders Awareness Week Act

Passed

Bill 205 The Filipino Heritage Month Act  • amendment(s) adopted at Committee Stage

Bill 223 The Ukrainian Heritage Month Act


For the status of all current bills click here.


Mask Use and Court Reopening in Manitoba Courts

A new notice from all court levels has been issued stating that “mask use will no longer be required in court facilities effective Monday, May 16, 2022. Masks may continue to be worn, unless requested otherwise by a presiding judge in the context of a hearing.

Unlimited access to the courts by members of the public will resume on Monday, June
27th, at which time there will no longer be any COVID-19 related restrictions in place.”

See the full notice here and previous COVID-19 related notices on the courts website.

Legislative Updates

News

April 22, 2022 – Manitoba Government proclaims new Public Service Act
“The Manitoba Public Service Commission advises the Manitoba government has proclaimed the Public Service Act (PSA) to replace the Civil Service Act.

…the PSA provides a legislative framework for an ethical and effective public service for Manitoba by setting out fundamental values such as transparency, accountability, integrity and respect for others. It provides a modern and innovative approach to workforce management supported by a code of conduct and an action plan that strengthen the foundation for a dynamic public workforce.” More information can be found here.

May 2, 2022 – Manitoba government enacts accessible information and communication standard regulation
“The Accessible Information and Communication Standard Regulation is the third standard under the Accessibility for Manitobans Act. It reduces barriers related to accessing information provided in print, in-person, on websites or in other formats. Standards have been put in place previously for accessible customer services and employment.” Read the full news release here.

Government Bills

2nd Reading

2 The Public Services Sustainability Repeal Act

7 The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations)

8 The Court of Appeal Amendment and Provincial Court Amendment Act

15 The Drivers and Vehicles Amendment and Highway Traffic Amendment Act

16 The Financial Administration Amendment Act

17 The Family Law Act, The Family Support Enforcement Act and The Inter-jurisdictional Support Orders Amendment Act

18 The Legislative Security Amendment Act

19 The Beneficiary Designation (Retirement, Savings and Other Plans) Amendment Act

21 The Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act

23 The Reducing Red Tape and Improving Services Act, 2022

26 The Officers of the Assembly Act (Various Acts Amended)

27 The Highway Traffic Amendment Act (Alternative Measures for Driving Offences)

29 The Mennonite College Federation Amendment Act

30 The Police Services Amendment and Law Enforcement Review Amendment Act

33 The Municipal Assessment Amendment and Municipal Board Amendment Act

34 The City of Winnipeg Charter Amendment and Planning Amendment Act

35 The Commemoration of Days, Weeks and Months and Related Repeals and Amendments Act

In Commitee

31 The Minor Amendments and Corrections Act, 2022 (no amendments)

32 The Victims’ Bill of Rights Amendment Act (no amendments)

Private Bills

Introduced

221 The Apprenticeship and Certification Amendment Act (Apprenticeship Supervision)The Apprenticeship and Certification Act. Currently, the number of apprentices a journeyperson may supervise is set by regulation. This Bill requires a 1 to 1 supervision ratio for most trades. A trade may continue to have a greater number of apprentices supervised by a journeyperson if a higher ratio is set by regulation for that trade before this Bill takes effect.

228 The Eating Disorders Awareness Week Act – proclaims February 1 to February 7 of each year as Eating Disorders Awareness Week.

229 The Transportation Infrastructure Amendment Act – amends The Transportation Infrastructure Act to add a requirement that the minister establish standards for clearing snow from provincial roads. These standards must meet the minimum requirements set out in a schedule to the Act and must be published.

230 The Budget Impact Reporting Act – establishes The Budget Impact Reporting Act. The Minister of Finance must report on the effects of the government’s budget decisions on economic and social inclusion and greenhouse gas emissions in Manitoba.                      

232 The Catalytic Converter Identification Act – requires a motor vehicle dealer to mark the vehicle identification number for every vehicle sold by the dealer on that vehicle’s catalytic converter. Amendments to Bill 9, The Scrap Metal Act, require scrap metal dealers who purchase a catalytic converter with a vehicle identification number on it to record that number and provide it to police and Manitoba Public Insurance.

233 The Engineering and Geoscientific Professions Amendment Act –  amends the Engineering and Geoscientific Professions Act with new responsibilities of the registrar, specifies scope of practice licensees, changes to continuing professional development, and appeals.

235 The Public Schools Amendment Act (Nutrition Programs) – amends The Public Schools Act to require the minister to report each year by school division and school district on the schools that provided a nutrition program during the previous fiscal year. The minister must table the report in the Assembly and make it available to the public.

2nd Reading

234 The Drug-Related Death Bereavement Day Act – proclaims the Sunday before Mother’s Day of every year as Drug-Related Death Bereavement Day, a day to reflect on the impact of drugs in Manitoba and to grieve those lost to drugs.

In Commitee

223 The Ukrainian Heritage Month Act – proclaims the month of September as Ukrainian Heritage Month

227 The Turban Day Act

Proclamations

ChapterTitle    (provisions)Date in forceDate signedProclamation
SM 2021, c. 48The Reducing Red Tape and Improving Services Act, 2021 (section 5)1 Jun 202227 Apr 2022Proclamation
SM 2022, c. 7The Peak of the Market Reorganization Act (whole Act)20 Apr 202212 Apr 2022Proclamation

For the status of all current bills click here.


Legislative Update – Proclamations

Several new proclamations were signed last month with many of them coming into effect soon.

ChapterTitle     (provisions)Date in forceDate signedProclamation
SM 2021, c. 14The Pension Benefits Amendment Act subsection 10(1), section 11 and clause 17(a)20 Dec 202115 Dec 2021Proclamation
SM 2021, c. 40The Court Practice and Administration Act (Various Acts Amended) Parts 4 and 71 Jan 202215 Dec 2021Proclamation
SM 2021, c. 40The Court Practice and Administration Act (Various Acts Amended) Part 51 Feb 202215 Dec 2021Proclamation
SM 2021, c. 51The Liquor, Gaming and Cannabis Control Amendment Act (2) whole Act17 Dec 202115 Dec 2021Proclamation
SM 2021, c. 15The Regional Health Authorities Amendment Act (Health System Governance and Accountability) subsections 91(1) and (17) to (22) and clauses 91(23)(b) to (d)1 Jan 20221 Dec 2021Proclamation
SM 2021, c. 26The Municipal Statutes Amendment Act Part 21 Jan 20221 Dec 2021Proclamation

See here for all current proclamations.

The library will be closed on Monday, February 17th for Louis Riel Day. Regular hours will resume Tuesday, February 18th at 8:30 a.m.