Legislative Update – April 18th

News

Manitoba Government Introduces Safeguards Related To Sale And Purchase Of Bear Spray April 13, 2023
New regulatory changes are being introduced for the sale and purchase of bear spray. These changes are due to the increasing use of bear spray as a weapon in attacks. The new rules will be enacted under the Pesticides and Fertilizers Licence Regulation.


Government Bills

Fourth Session, 42nd Legislature

2nd Reading

Private Bills

Introduced

  • 232 The Health Services Insurance Amendment Act (Administrative Penalties for Personal Care Homes) – “This Bill amends The Health Services Insurance Act. An administrative penalty may be imposed on the operator of a personal care home if the operator contravenes a prescribed provision of the Act or regulations. The operator may appeal an administrative penalty to the the Court of King’s Bench.”
  • 235 The Employment Standards Code Amendment Act – “This Bill amends The Employment Standards Code. The length of unpaid leave on the death of a family member is expanded from three days to five days. In addition, an employee may now take up to five days of unpaid leave if the employee or their spouse or common-law partner experiences a loss of pregnancy.”
  • 236 The Public Expression Protection Act – “This Bill establishes The Public Expression Protection Act. A defendant to a civil proceeding may file a motion to dismiss the proceeding on the ground that the proceeding arises from an expression by the defendant on a matter of public interest. Until the motion is finally resolved, no further steps may be taken by any party in the proceeding or in a tribunal proceeding related to the same matter of public interest.”

2nd Reading

For the status of all current bills click here.


Regulations

NumberTitle Registered Published
29/2023Pesticides and Fertilizers Licence Regulation, amendment13 Apr. 202313 Apr. 2023
30/2023Child Care Regulation, amendment14 Apr. 202314 Apr. 2023
31/2023Municipal Status and Boundaries Regulation, amendment14 Apr. 202314 Apr. 2023

New King’s Bench Notices

Practice Directions

March 16, 2023 – Estreatals involving in-Custody accuseds – Thompson and The Pas Judicial Centres

The Court’s Practice Direction of March 5, 2020, regarding detention review
hearings under sections 520 and 525 of the Criminal Code in Thompson and
The Pas Judicial Centres will apply with necessary changes to estreatals in these
Judicial Centres when an accused who is in-custody is required to attend.

Notices

March 16, 2023 – Notice – Protocol on Articling Students appearing in the Court of King’s Bench 

The following protocol applies as to when a law student or articling student will be permitted to appear and handle cases in the Court of King’s Bench: In any case when a law student or articling student is appearing, they must clearly identify themselves to the presiding judge as a law student or articling student …

March 16, 2023 – Notice – Small Claim Virtual Hearings

During the pandemic, virtual hearing options were introduced for Small Claims matters heard by Court Officers. The use of these virtual hearing options has improved access to justice by reducing costs, complexity and time to disposition. Given this favourable experience and in light of the summary nature of small claims, virtual hearings will continue as follows: …

New Provincial Court Notice

March 14, 2023 – Courtroom Designations (Winnipeg Centre)

In an effort to improve Court efficiency and respond to the current needs of the justice system, the Provincial Court, Winnipeg Centre, has modified the Courtroom Designations, effective April 3, 2023.

See the full notice for a complete list of room changes including a revised Courtroom Designation Chart.

Previous Provincial Court notices are available on the Manitoba Courts website

Blog Round-Up January/February 2023

Collected blog posts from the Manitoba legal community for the months of January and February of 2023

Brodsky Amy & Gould

Clarke Immigration Law

Fillmore Riley

MLT Aikins

Robson Crim Legal Blog

Taylor McCaffrey

TDS law

Together a collaborative family law blog

Family Lawyer Winnipeg

Legislative Update March 2023

Fifth Session, Forty-Second Legislature

Recent Bill Activity

Government Bills

Introduced

  • 13 The Wildlife Amendment Act -“New residency rules are established for use in issuing licences and permits under the Act. People who reside outside Manitoba may be required to use the services of guides or outfitters when hunting specified animals or when hunting under certain licences. Restrictions on Sunday hunting are removed from the Act.”
  • 15 The Court of King’s Bench Amendment Act – “amends The Court of King’s Bench Act to establish the salary for a person who resigns as the senior master but continues to act as a master.”
  • 16 The Domestic Violence and Stalking Amendment Act – “amends The Domestic Violence and Stalking Act. A protection order may include provisions that enable the parties to the order to attend a family arbitration, family dispute resolution activities and supervised child visitations and transfers. A party applying for a prevention order or a protection order must disclose the existence of any orders or agreements between the subject and the respondent dealing with parenting arrangements, custody, contact, access or guardianship.”
  • 17 The Regulated Health Professions Amendment Act (2) – “amends The Regulated Health Professions Act. The minister’s powers relating to inquiries, directives and orders are extended to the regulatory colleges and associations of health professions that are not yet governed under the Act.”
  • 18 The Legislative Security Amendment Act – “amends The Legislative Security Act to add a portion of Memorial Park to the legislative precinct.”
  • 19 The Provincial Offences Amendment Act – “makes several minor amendments to The Provincial Offences Act. Rules respecting when a ticket or an information may be amended or quashed are standardized. Information contained in a document attached to a certificate of evidence signed by an enforcement officer or other authorized person is admissible as proof of the facts set out in the document. There are no appeals of decisions made on motions or other preliminary matters in proceedings under the Act unless the Act specifically allows an appeal.”
  • 20 The Conflict of Interest (Members and Ministers) Amendment Act – “amends The Conflict of Interest (Members and Ministers) Act as follows: Reports concerning gifts, benefits and private air travel are made public, Securities or stocks that a minister entrusts to another person are excluded from the minister’s disclosure statement, and Records that become public under the Act are not subject to destruction.”
  • 21 The Highway Traffic Amendment Act – “amends The Highway Traffic Act with respect to operators of regulated vehicles.”
  • 22 The Emergency Measures Amendment Act – “amends The Emergency Measures Act. The name of the Manitoba Emergency Measures Organization is changed to the Manitoba Emergency Management Organization. Every government department must prepare a continuity plan for responding to events that affect its ability to deliver services. A government department must also prepare an emergency management program if directed to do so by the minister. Further amendments are made to allow corporations or organizations to be designated as critical service providers by class as well as individually.”
  • 23 The Vulnerable Persons Living with a Mental Disability Amendment Act – “amends The Vulnerable Persons Living with a Mental Disability Act. “
  • 24 The Wildfires Amendment Act – “Inspection and enforcement powers are expanded and the maximum fines that may be imposed are increased. The requirements that apply when carrying on work within a burning permit area are now established by regulation. A work permit is no longer required.”
  • 25 The Workers Compensation Amendment Act (Wildfire Firefighters) – “lists heart injuries and specific cancers presumed to be caused by firefighting unless the contrary is proven. This Bill amends the Act to extend the presumptions to wildfire firefighters.”
  • 26 The Limitations Amendment and Public Officers Amendment Act – “amends The Limitations Act and The Public Officers Act.”
  • 27 The Intimate Image Protection Amendment Act – “amends The Intimate Image Protection Act. It shifts the burden of proof in an action for the non-consensual distribution of an intimate image. The distribution of an intimate image of a person is presumed to have occurred without their consent. A person who distributed the intimate image must establish that they had reasonable grounds to believe that they had consent from the person in the image to distribute that image.”
  • 28 The Local Government Statutes Amendment Act – “amends The City of Winnipeg CharterThe Municipal ActThe Northern Affairs Act and The Public Schools Act. The following people must take a leave of absence when they run for election as a member of the Legislative Assembly: a member of council of a municipality, including the City of Winnipeg; a member of a community council; a trustee of a school division or district. In addition, The Elections Act is amended to eliminate the prohibition on a member of council of a municipality being nominated for election as a member of the Legislative Assembly.”
  • 29 The Life Leases Amendment Act – ” This Bill amends The Life Leases Act to enhance the rights of tenants under life leases.”
  • 30 The Liquor, Gaming and Cannabis Control Amendment and Manitoba Liquor and Lotteries Corporation Amendment Act (2) – “amends The Liquor, Gaming and Cannabis Control Act and The Manitoba Liquor and Lotteries Corporation Act to establish a five-year pilot project that enables the operator of a retail store that meets requirements established by regulation to sell liquor in their store.”
  • 31 The Animal Care Amendment Act (2) – “The time limit for an appeal may be extended by the Animal Care Appeal Board. The appeal board may also dismiss a matter without a hearing in certain circumstances. Administrative amendments are made regarding notices of appeal filed with the appeal board. Amendments are also made regarding collection of costs under the Act.”
  • 32 An Act respecting Child and Family Services (Indigenous Jurisdiction and Related Amendments) – “An Act respecting First Nations, Inuit and Métis children, youth and families (Canada) affirms the right of First Nations, Inuit and Métis peoples to exercise jurisdiction in relation to child and family services and sets out a framework for coordinated service provision. This Bill amends several Acts to recognize Indigenous jurisdiction and support the implementation of the federal Act.”
  • 33 The Addiction Services Act – ” establishes The Addiction Services Act. A licence is required to provide addiction services that involve overnight accommodation, supervised consumption services and withdrawal management services to people with substance use addictions. Related amendments are made to The Personal Health Information Act and The Private Hospitals Act.”
  • 34 The Police Services Amendment Act – “This Bill amends The Police Services Act. The Director of Policing may establish standards respecting police service operations, facilities and equipment. The criminal intelligence director is responsible for creating standards dealing with criminal intelligence. The Manitoba Police Commission monitors police service compliance with policing standards.”
  • 35 The Education Administration Amendment Act (Teacher Certification and Professional Conduct) – “This Bill amends The Education Administration Act. To teach in a public school or funded independent school, a teacher must have a Manitoba teaching certificate. Key changes are made in relation to those certificates.”
  • 36 The Fair Registration Practices in Regulated Professions Amendment Act – “This Bill amends The Fair Registration Practices in Regulated Professions Act. Time limits are established in which a regulated profession must respond to an application for registration from an individual who has a similar registration in another Canadian jurisdiction. A regulated profession may apply to the minister for an extension of a time limit. Regulated professions are also required to comply with any regulations respecting English or French language proficiency testing requirements for domestic and internationally educated individuals. Compliance orders may now be made under this Act if a regulated profession fails to comply with a domestic trade agreement.”
  • 38 The Builders’ Liens Amendment Act (Prompt Payment) – “Bill amends The Builders’ Liens Act. A prompt payment scheme is established to facilitate the timely flow of construction project funds by imposing payment deadlines on each payor in the construction contract chain.”

In Committee

Passed


Private Bills

Introduced

  • 223 The Manitoba Assistance Amendment Act (Adult Education) – “amends The Manitoba Assistance Act. The director must consider whether undertaking adult education is the most appropriate employment enhancement measure for an assistance recipient.”
  • 224 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.”
  • 225 The Health Services Insurance Amendment Act (Personal Care Home Staffing Guidelines) – “
  • This Bill amends The Health Services Insurance Act to require the minister to ensure that the current standards for paid care set out in the guidelines are maintained. The minister must also establish standards to ensure that the direct care provided to residents is adequate.
  • 226 The Universal Newborn Hearing Screening Amendment Act – ” This Bill amends The Universal Newborn Hearing Screening Act. In addition to screening for hearing loss, parents and guardians are offered the opportunity to have their infants tested for congenital cytomegalovirus (CMV) infection. The Act’s title is amended to reflect this change.
  • 227 The Workplace Safety and Health Amendment Act (Access to Washrooms for Delivery Persons) – “In most circumstances, the owner of a workplace must provide access to a washroom, on request, to a delivery person attending the workplace.”
  • 228 The Pay Transparency Act – “This Bill establishes The Pay Transparency Act to: prevent employers from seeking pay history about employees; require employers to include pay information in publicly advertised job postings; and require private sector employers with more than 100 employees to file a pay audit report with the Pay Equity Commissioner, including information on gender, diversity and pay of employees. All bids for public tenders must demonstrate that the bidder pays women, gender-diverse individuals and men equally.
  • 229 The Farmers’ Markets Week Act (Commemoration of Days, Weeks and Months Act Amended) – “This Bill amends The Commemoration of Days, Weeks and Months Act. The last full week of July of each year is proclaimed as Farmers’ Markets Week.”
  • 230 The Municipal Councils and School Boards Elections Amendment Act – “This Bill amends The Municipal Councils and School Boards Elections Act to require candidates to disclose offences to which they have pleaded guilty or in respect of which they have been found guilty. Offences for which a person received a record suspension under the Criminal Records Act (Canada) must be disclosed. Youth offences and those offences for which a pardon was granted under the Criminal Code (Canada) are excluded.

2nd Reading


For the status of all current bills click here.


Please note: The library will be closing early on Friday, December 13th at 11:00AM for a special event.  Regular library service will resume Monday, December 16th at 8:30AM.

The Great Library will be closed from December 25, 2024 to January 1, 2025 for the winter holidays. Regular office hours will resume on Thursday, January 2, 2025.