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.

Blog Round-up December 2021

A round-up of blog posts from the Manitoba legal community from December 2021.

Clarke Immigration Law
MLT Aikins

In a world already exhausted by the unrelenting pandemic, the holiday season offers the promise of a reprieve for some. Unfortunately, the holiday season is also a time when cyber criminals are particularly active as most people try to unplug and take some well-deserved breaks from work.

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Having endured over a year now of government-imposed restrictions on personal liberty to curb the case count of covid, the general population is now able to better understand the implications of confinement. This blog will begin by exploring the historical reasoning behind solitary confinement, its effectiveness and psychological impact, and circle back to the current state of Covid-19 and what it entails for inmates who have already been deprived of many rights.

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TDS law

New Print Titles on Regulatory Law, Res Judicata, Drafting Wills and more

New titles and updated editions have now arrived at the Great Library. While we are temporarily closed in person, we can still provide scanned sections of these titles or arrange for pick-up and drop-off. Contact us at library@lawsociety.mb.ca for more information.

Regulatory Law & Practice, 3rd ed.

“While legal professionals are no strangers to regulations, the perplexity of the mechanisms to challenge the validity of regulations and rules makes regulatory law an area of specialized knowledge beyond the reach of most lawyers and government officials. The process by which regulations are made, and the controls imposed by legislatures on the law-making powers of regulators, are also a ‘black box’ little understood by government officials and legislators themselves. Regulatory Law and Practice, 3rd Edition takes a multi-jurisdictional approach to regulatory law principles and regulatory processes, describing case law and regulatory processes in jurisdictions across the Commonwealth and beyond.”

The Doctrine of Res Judicata in Canada, 5th ed.

“The definitive resource on an important legal doctrine: why a person can only sue or be sued once for each case.
The book’s analysis, terminology and description of the law have been adopted by the Supreme Court of Canada, and have been cited on numerous occasions by provincial trial and appellate courts and by tribunals across Canada. The text provides a comprehensive distillation of the res judicata doctrine that has evolved in 200 years of Canadian jurisprudence.“

The Law of Privacy in Canada, 3rd ed

Author Michael Power is a leading authority on Canadian privacy law and issues concerning the protection of personal information. The Law of Privacy, 3rd Edition is a comprehensive treatise providing a thorough overview of Canadian privacy law and includes two main sections:

  • Personal Information Protection in Canada – Legislation and statutes; the meaning of “personal information”; the collection, use and management of personal information in the public, private and health sectors; security and breach notification; borders and boundaries; and enforcement;
  • Privacy – Common law and arbitral decisions; privacy and the Charter; privacy in Canadian tort law, criminal law, and employment.

This book also features a helpful annex that provides guidance on how to manage personal information, including how to build privacy management frameworks and the privacy issues that must be addressed in outsourcing and procurement.

The Encyclopedic Dictionary of Canadian Law

“From the very first entry (“A or a”) to the last (“ZZZZ”), it is clear that this new publication is the most comprehensive Canadian legal dictionary available. It is a thoroughly contemporary, truly essential resource that even includes definitions of common acronyms now used in text slang – a useful addition given the extent to which text messages are now used as evidence in criminal proceedings.”

Drafting Wills in Canada — 3rd edition

“Helpful examples of good and bad drafting, along with dozens of practical tips both for drafting and for managing a wills practice.

What’s New In This Edition?

  • New chapter on First Nations Estates under the Indian Act
  • Comprehensive tax matters section in the Business Interests chapter providing an overview of common income tax planning issues for business owners in the context of estate planning
  • Recent case law, as well as key changes to federal tax law and wills and attorney legislation in several provinces
  • Updated content on dealing with digital assets, charitable giving and graduated rate estates
Dangerous Offender Law

“This new publication is a comprehensive, yet accessible, overview of dangerous offender law in Canada. Written by three experts in the field, including defence counsel and intervenor from the landmark R. v. Boutilier case at the Supreme Court of Canada, Dangerous Offender Law presents criminal justice participants and the Canadian public with a long overdue guide to understanding the complex sentencing regime set out in Part XXIV of Canada’s Criminal Code.”

Please note: The Library will be closed Monday, May 19th for the holiday. Regular library service will resume Tuesday, May 20th at 8:30AM.