Notice to the Profession

On behalf of Public Prosecution Service of Canada:

Regarding Fentanyl and Acetylfentanyl Certificates

Since February 22, 2018, all Fentanyl Certificates of Analyst that the Public Prosecution Service of Canada has received from Health Canada’s Drug Analysis Service have stated that they analysed the substance to be “Fentanyl or an isomer thereof.” The Controlled Drugs and Substances Act (CDSA) Schedule I, item 16, does not list “isomers” as one of the included substances of Fentanyl. However, we have recently been advised by Health Canada that Fentanyl, as listed at subitem 16(5) in Schedule I of the CDSA, and Acetylfentanyl, not listed but captured under item 16 in Schedule I of the CDSA, currently have no known isomers that could have been seized and analyzed by Health Canada. As a result, for all Certificates of Analysis that say “fentanyl, or its isomers”, the substance referred to was Fentanyl, and for “Acetylfentnayl, or its isomers”, the substance referred to was Acetylfentanyl.

For a copy of the Health Canada notice or any further information about this subject, please contact Health Canada at https://www.canada.ca/en/health-canada/services/healthconcerns/controlled-substances-precursor-chemicals/drug-analysis-service.html#a3 or your local PPSC office at 515-234 Donald, Winnipeg, Manitoba R3C 1M8 or Janna Hyman, General Counsel, (204) 984-0493.

Book Display – Isaac Pitblado Lecture Series

The Isaac Pitblado lectures are an annual series of lectures in honour of the life and work of Isaac Pitblado, an important figure in Manitoba’s legal profession.

Presented here are a selection of lectures ranging from the beginnings in 1960 up until the present day. It gives an idea of the wide range of topics covered in lectures; from estate planning and income tax law, through the changes of technology and legislation, up to current topics such as access to justice and the future of the legal profession.

The next Isaac Pitblado Lecture is taking place on November 8 at the Fort Garry Place Conference Centre, entitled “Capacity to Decide: Planning for Death and Dying”

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.