Legislative Update

The House adjourned on October 10, 2019.

The 2nd session of the 42nd Legislature will begin on: November 19, 2019.

Bills Passed

Bill 3: The Appropriation Act, 2019, received Royal Assent and came into force on Oct. 10, 2019, SM 2019, c. 23

Bill 4: The Loan Act, 2019, deemed to have come into force on April 1, 2019, SM 2019, c. 24

Bill 22: The Business Registration, Supervision and Ownership Transparency Act (Various Acts Amended), comes into force on January 1, 2020, SM 2019, c. 25

1st Reading

Bill 2: The Public Services Sustainability Amendment Act – Oct. 7, 2019

Bill 200: The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act – Oct. 2, 2019

Legislative Updates

1st Session of the 42nd Legislature

New Bills

Government Bills

Private Bills

Bill 200 – The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act

Check the Bill Status to follow the legislative process.

2nd reading

Passed

Legislative Update: New Bills

First Session, Forty-Second Legislature

Government Bills

Bill 2: The Public Services Sustainability Amendment Act

This Bill amends The Public Services Sustainability Act. The key changes are as follows:

  • the start date and the duration of a sustainability period for a group of unionized employees may be set by regulation;
  • the increases in pay during a sustainability period that is set by regulation cannot exceed the maximum increases currently permitted under the Act;
  • the minister may approve a collective agreement that provides for modest increases in additional remuneration;
  • compensation changes that reflect sustainability savings identified in the course of collective bargaining may be approved by Treasury Board;
  • a collective agreement may be exempted from the Act by regulation;
  • references to the Manitoba Health Services Insurance Fund and other funds are removed;
  • the recovery of overpayments is clarified.

Bill 22: The Business Registration, Supervision and Ownership Transparency Act (Various Acts Amended)

This Bill amends The Business Names Registration ActThe Cooperatives Act, The Corporations Act and The Partnership Act. The following are the key changes.

Extra-Provincial Registrations

Registrars may enter into agreements with other Canadian jurisdictions respecting the extra-provincial registration of corporations, partnerships and cooperatives. Cabinet may make regulations about these registrations.

Extra-provincial limited partnerships can now be registered in Manitoba.

Extra-provincial limited liability partnerships that have an attorney for service no longer require a registered office in Manitoba.

Supervision of Cooperatives

The Cooperatives Act is amended to authorize the minister to designate a Superintendent of Cooperatives. Those functions of the Registrar of Cooperatives that relate to the supervision over financial matters, the issuing of securities and appeals of membership terminations in a housing cooperative are transferred to the Superintendent. The Registrar is also no longer required to act as an adviser to cooperatives or provide model forms of articles and by-laws to cooperatives.

Ownership Transparency

The Corporations Act and The Cooperatives Act are harmonized with recent changes to federal legislation respecting ownership transparency.

Corporations must maintain a register of individuals who, separately or collectively, exert more than 25% of the shareholder voting rights. Reporting issuers, publicly traded corporations, licensed insurers and loan and trust corporations are exempt from this requirement.

Corporations and cooperatives are no longer allowed to issue options or other instruments that are convertible into bearer form. Holders of such instruments that are in bearer form can require the corporation or cooperative that issued them to convert them into registered form.

*Reinstated from the 4th Session, 41st Legislature

Private Members’ Bills:

Bill 200: The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act

This Bill amends The Legislative Assembly Act and The Legislative Assembly Management Commission Act. The definition “recognized opposition party” and the definition “other opposition party” are changed to include political parties that are represented in the Assembly by two or more members, provided that the party’s candidates received at least 10% of the votes cast in the last general election. Such a party and its members are not immediately entitled to any additional funding, salaries or allowances.

To follow the legislative process, be sure to check Bill Status daily. 

Legislative Update: New Proclamations

The Government has proclaimed the following Act(s):

The Sustainable Watersheds Act (Various Acts Amended) (S.M. 2018, c. 6)

With the advice and consent of the Executive Council of Manitoba, we name October 1, 2019, as the day on which sections 52, 67 to 69, 71 to 73 and 75, subsections 76(1), 79(1) and (2), and sections 82, 83, 85 and 86 of The Sustainable Watersheds Act (Various Acts Amended) (S.M. 2018, c. 6) come into force.

The Boards, Committees, Councils and Commissions Streamlining Act (Various Acts Amended or Repealed) (S.M. 2018, c. 8)

With the advice and consent of the Executive Council of Manitoba, we name October 1, 2019, as the day on which sections 3, 5 and 6 of The Boards, Committees, Councils and Commissions Streamlining Act (Various Acts Amended or Repealed) (S.M. 2018, c. 8) come into force.

The Planning Amendment Act (Improving Efficiency in Planning) (S.M. 2018, c. 14)

With the advice and consent of the Executive Council of Manitoba, we name November 1, 2019, as the day on which section 20 insofar as it enacts the definition “large-scale livestock operation” in section 118.1, clauses 118.2(1)(b) and (2)(b), subclause 118.4(1)(b)(ii) and clause 118.5(b) of The Planning Amendment Act (Improving Efficiency in Planning) (S.M. 2018, c. 14) comes into force.

The Government Notices Modernization Act (Various Acts Amended) (S.M. 2018, c. 28)

With the advice and consent of the Executive Council of Manitoba, we name October 1, 2019, as the day on which sections 6, 11, 15 to 17, 20, 21, 23, 25, 26 and 28 of The Government Notices Modernization Act (Various Acts Amended) (S.M. 2018, c. 28) come into force.

The Crown Lands Amendment Act (Improved Management of Community Pastures and Agricultural Crown Lands) (S.M. 2018, c. 35)

With the advice and consent of the Executive Council of Manitoba, we name October 1, 2019, as the day on which The Crown Lands Amendment Act (Improved Management of Community Pastures and Agricultural Crown Lands) (S.M. 2018, c. 35), except section 3, comes into force.

New Book Display: Persons Day

October 18 commemorates the case of Edwards v. Canada which decided women are eligible to sit in the Senate of Canada and that they are indeed included under the term ‘persons’.

This constitutional case was decided on October 18, 1929, by the Judicial Committee of the Imperial Privy Council, which at the time was the highest court of appeal.

The decision also helped recognize that the constitution should be interpreted in a way that adapts to a changing culture.

Print Resources in the Library

Gender equality in the courts : criminal law : a study by the Manitoba Association of Women and the Law / editor, Mona G. Brown  
Women, the law, and the economy / editors, E. Diane Pask, Kathleen E. Mahoney, Catherine A. Brown  
Women in Canadian law  
International decade for women, 1976-1985
The law is not for women  
Reasoning with the Charter  
The Supreme Court’s first one hundred Charter of Rights decisions : a statistical analysis / F.L. Morton, Peter H. Russell and Michael Withey  
The Charter of Rights in litigation : direction from the Supreme Court of Canada / David Stratas

Electronic Resources

CanLII

Edwards v. Canada (Attorney General), 1929 CanLII 438 (UK JCPC)

desLibris (available to members of the Law Society of Manitoba behind the Member’s Portal)

Quasi-constitutional Laws of Canada
by John Helis
www.deslibris.ca/ID/479849
Statutory Interpretation, 3rd edition
by Ruth Sullivan
www.deslibris.ca/ID/477479