New Online Titles

Available behind the member’s portal, these new electronic books have been added to our desLibris collection for reading.

Pension Law, 3rd ed. by Ari Kaplan and Mitch Frazer

“The third edition of Pension Law updates pension law and legislation starting with the Supreme Court of Canada’s 2013 decision in IBM Canada Limited v Waterman, through to the 2020 release of Fraser v Canada (Attorney General). These cases further our legal understanding of pension benefits as bearing the “hallmarks of a property right” and as a source of human rights and dignity. This new edition also tracks regulatory developments, including the shift from solvency to going-concern funding as reflected by exemptions granted to public sector plans, conversions to target benefits and jointly sponsored plans, and industry consolidation.”

An Introduction to University Governance by Cheryl Foy

An Introduction to University Governance is a resource to support current and prospective university governance professionals and those serving on university boards and academic governing bodies, and will be of interest to members of government, consultants, lawyers, mediators, arbitrators, and others who work closely with universities. It is intended to be an accessible rather than an academic book, written to encourage more effective university governance with more engaged participants within the over-150 universities in Canada.”

Guthrie’s Guide to Better Legal Writing, 2nd ed. by Neil Guthrie

“Lawyers like to think they are good writers. Their non-lawyer readers are more likely to describe their writing as turgid, pedantic, Latin-filled, jargon-ridden, misspelt, ungrammatical, and inelegant. Guthrie’s Guide to Better Legal Writing won’t solve all your problems, but it will help you make your prose clear, correct, and compelling. The focus is on communicating more effectively in email, letters, memos, blog posts, client updates, and social media, but there are some pointers on contractual drafting and written advocacy as well. A bit of strategy, some grammar and spelling, and a lot of style.”

Divorce Act Amendments – New QB Practice Directive

June 15, 2021 – Divorce Act Amendments – Pleadings

“A party is not required to amend a pleading filed prior to the amendments coming into
force on March 1, 2021, to obtain an order pursuant to the amended Divorce Act.”

See the full notice for clarification on the transitional provisions.

All Queen’s Bench Notices and Practice Directives can be found here.

Legislative Update

The House adjourned on June 1, 2021.

The 3rd Session of the 42nd Legislature will reconvene on Wednesday, October 6, 2021 at 1:30 p.m.

Third Session, Forty-Second Legislature

Private Bills

Introduced

Bill 234 The Consumer Protection Amendment Act (Right to Repair) – amends The Consumer Protection Act. A manufacturer must make the items necessary to maintain and repair its electronic products available to consumers and repair businesses at a reasonable price.

Bill 235 The Scrap Metal Recyclers Act – This Bill establishes The Scrap Metal Recyclers Act. A person must provide personal identification and the source of the scrap metal when they enter into a transaction with a scrap metal recycler. The recycler must keep the identifying information for five years and provide it to the police if required.

Bill 236 The Protecting Communications on Public Interest Matters Act (Court of Queen’s Bench Act and Defamation Act Amended) – amends The Court of Queen’s Bench Act. A defendant may file a motion to dismiss a court proceeding on the ground that the proceeding arose from a communication by the defendant on a matter of public interest. Unless ordered otherwise, the motion stays the court proceeding and any related administrative tribunal proceedings until the motion is decided.
This Bill also amends The Defamation Act. A defendant may rely on the common law defence of qualified privilege even when a communication has been published by the media.

Bill 237 The Elections Amendment Act – amends The Elections Act to require the disclosure of personal financial information by the leader of a political party for a 20-year period.

Bill 238The Apprenticeship and Certification Amendment Act (Apprenticeship Supervision) – amends 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.


Check here for the current status of all bills.

Contents Update: Estates Trusts & Pensions Journal

The latest edition of Estates Trusts & Pensions Journal has arrived and is now available for loan.

Volume 40 Number 3

From the Legislature

Is an RESP a Trust?…And So What If It Is?
Kira Domratchev

Articles

Inter Viros versus Testamentary Undue Influence: Origins, Differences, and Recent Developments
Kimberly A. Whaley and John E.S. Poyser

Estate Trustee Compensation: Considerations When Advising Clients in the Estate Planning Interview.
Sara Beheshti

Scottish Trusts in the Common Law
Lionel Smith

If you would like a copy of any of these articles, please email library@lawsociety.mb.ca and we would be happy to provide a pdf version (subject to copyright regulations).

Legislative Update

Third Session, Forty-Second Legislature

Government Bills

Introduced

Bill 72 The Disability Support Act and Amendments to The Manitoba Assistance Act – creates a new support framework for individuals living with a severe and prolonged disability who have no other adequate means of support. Individuals can apply for basic disability support payments as well as shelter assistance. The Act also allows for additional discretionary support payments in special cases.

2nd Reading

Bill 71 The Education Property Tax Reduction Act (Property Tax and Insulation Assistance Act and Income Tax Act Amended)Hansard Debate

Passed

Bill 3 The Public Service Act
Bill 5 The Liquor, Gaming and Cannabis Control Amendment Act (Cannabis Social Responsibility Fee)
Bill 6 The Liquor, Gaming and Cannabis Control Amendment Act
Bill 8 The Pension Benefits Amendment Act
Bill 10 The Regional Health Authorities Amendment Act (Health System Governance and Accountability)
Bill 11 The Workplace Safety and Health Amendment Act
Bill 12 The Crown Land Dispositions Act (Various Acts Amended)
Bill 13 The Public Sector Construction Projects (Tendering) Act
Bill 15 The Manitoba Public Insurance Corporation Amendment Act (Claim Dispute Tribunal)
Bill 17 The Drivers and Vehicles Amendment Act
Bill 18 The Workers Compensation Amendment Act
Bill 20 The Vehicle Technology Testing Act (Various Acts Amended)
Bill 21 The Conflict of Interest (Members and Ministers) and Related Amendments Act
Bill 22 The Credit Unions and Caisses Populaires Amendment Act
Bill 23 The Highway Traffic Amendment Act (Control of Traffic by Flag Persons)
Bill 25 The Municipal Statutes Amendment Act
Bill 26 The Human Rights Code Amendment Act
Bill 27 The Administrative Tribunal Jurisdiction Act
Bill 28 The Water Resources Administration Amendment Act
Bill 29 The Reducing Red Tape and Improving Services Act, 2020
Bill 30The Consumer Protection Amendment Act
Bill 32  The Election Financing Amendment and Elections Amendment Act (Government Advertising)
Bill 33  The Advanced Education Administration Amendment Act
Bill 34  The University College of the North Amendment Act
Bill 36 The Public Health Amendment Act (Food Safety and Other Amendments)
Bill 37 The Planning Amendment and City of Winnipeg Charter Amendment Act
Bill 38 The Building and Electrical Permitting Improvement Act (Various Acts Amended and Permit Dispute Resolution Act Enacted)
Bill 41 The Fair Registration Practices in Regulated Professions Amendment Act
Bill 45 The Public Schools Amendment and Manitoba Teachers’ Society Amendment Act
Bill 46 The Court Practice and Administration Act (Various Acts Amended)
Bill 47 The Early Learning and Child Care Act
Bill 48   The Fiscal Responsibility and Taxpayer Protection Amendment Act
Bill 49   The Freedom of Information and Protection of Privacy Amendment Act
Bill 51   The Limitations Act
Bill 52   The Minor Amendments and Corrections Act, 2021
Bill 53   The Municipal Statutes Amendment Act (2)
Bill 54   The Personal Health Information Amendment Act
Bill 55   The Reducing Red Tape and Improving Services Act, 2021
Bill 56   The Smoking and Vapour Products Control Amendment Act
Bill 58   The Criminal Property Forfeiture Amendment Act
Bill 60   The Liquor, Gaming and Cannabis Control Amendment Act (2)
Bill 61   The Apprenticeship and Certification Amendment Act
Bill 62   The Animal Diseases Amendment Act
Bill 63   The Petty Trespasses Amendment and Occupiers’ Liability Amendment Act
Bill 67 The Public Health Amendment Act PDF SM 2021, c. 3
Bill 71    The Education Property Tax Reduction Act (Property Tax and Insulation Assistance Act and Income Tax Act Amended)

Private Bills

Introduced

Bill 229 The Restriction on Material Accompanying Government Cheques Act – prohibits the name, image or title of a Cabinet minister from being used on any material included with a cheque mailed by the government or a government agency.
Bill 232 The Emancipation Day Act proclaims August 1 of each year as Emancipation Day.
Bill 233 The Filipino Heritage Month Act proclaims the month of June of each year as Filipino Heritage Month.

2nd Reading

Bill 222 The Lobbyists Registration Amendment Act

Passed

Bill 213 The Reporting of Supports for Child Survivors of Sexual Assault Act (Trained Health Professionals and Evidence Collection Kits)
Bill 223 The Spirit Bear Day Act


Check here for the current status of all bills.