Legislative Update

Introduced

Government Bills

Bill 21 The Highway Traffic Amendment and Manitoba Public Insurance Corporation ActThe Highway Traffic Act amendments allows municipalities to designate a “shared street” and establishes guidelines for traffic-related pilot projects. The Manitoba Public Insurance Corporation Act extends personal injury protection plans to operators of vehicles that are part of a pilot project.

Bill 22 The Environment Amendment Act (Pesticide Restrictions) – The prohibition on the application of certain pesticides to lawns is removed and the sale of those pesticides is no longer subject to provincial regulations. The list of premises where the use of those pesticides is prohibited is expanded.

Bill 23 The Reducing Red Tape and Improving Services Act – This Bill amends several Acts to reduce or eliminate regulatory requirements or prohibitions, to improve services and to streamline government operations.

Bill 24 The Real Property Valuation Board and Related Amendments Act – This Bill establishes the Real Property Valuation Board (the “Board”) to take over the roles of other boards and commissions in relation to certain matters. Related amendments are made to The Expropriation ActThe Land Acquisition ActThe Municipal Assessment Act and The Surface Rights Act to effect the transfer of responsibilities to the new Board.

Bill 25 The Interim Appropriation Act, 2022 – Guidelines for for the 2022-2023 fiscal year for government reporting entities as defined in The Financial Administration Act.

Bill 26 The Officers of the Assembly Act (Various Acts Amended) – This Bill amends various Acts with respect to the appointment of certain officers of the Assembly.

Bill 27 The Highway Traffic Amendment Act (Alternative Measures for Driving Offences) – This Bill amends The Highway Traffic Act with respect to alternative measures under the Criminal Code. The Criminal Code allows for charges to be diverted out of the criminal justice system by allowing an accused to agree to alternative measures to avoid a possible conviction. If a person alleged to have committed an impaired driving offence is dealt with by alternative measures, the Attorney General must provide written notice to the Registrar of Motor Vehicles. The registrar must issue a restricted licence to the person that only permits the person to drive a vehicle equipped with an ignition-interlock device for a specific period of time.
Currently, the registrar must suspend the driver’s licence of a person who fails to complete alternative measures for sexual procurement offences. The requirement is repealed since the failure to complete alternative measures results in a renewal of the criminal prosecution and a post-conviction suspension.

Bill 28 The Prompt Payment for Construction Act – This Bill establishes periodic payment obligations to contractors and subcontractors in the construction industry. Payments must be made at specified times based on the progress of the work or the achievement of specific milestones. A final payment must be made shortly after work is completed.

Private Bills

Bill 218 The Residential Tenancies Amendment Act – This Bill prevents landlords from applying for a larger rent increase unless the landlord has incurred eligible capital expenditures or there has been an extraordinary increase in taxes, utilities or security service costs. Larger rent increases cannot be charged until an order has been made that authorizes the increased rent. Landlords are prevented from removing or reducing rent discounts for one year after an application for a larger rent increase is made and from applying for a larger rent increase within one year after removing or reducing a rent discount.

Bill 219 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.

For the status of all current bills click here.


New Family Law Resources from Justice Canada

New Family Law resources have recently been released by the Justice Department as part of their free online legal training resources for professionals, Justice Canada Changes to Family Laws. Along with a family violence toolkit, three new free and accredited courses are available to help lawyers understand the 2021 amendments to the Divorce Act:

Parenting under the new Divorce Act 

This course provides an overview of the amendments to the Divorce Act related to parenting including the new parenting terminology and best interests of the child criteria. It is intended to help legal advisers understand the child-focused approach of the Divorce Act’s parenting provisions and the impact of family violence on parenting arrangements.

Relocation under the Divorce Act  

This course is designed to increase legal advisers’ knowledge and understanding of the new change of residence and relocation framework in the Divorce Act.  It focuses on the procedures people must follow in relation to moves and the principles a court will apply in making a decision about a child’s relocation. 

 Family dispute resolution and duties for parties to a proceeding and legal advisers under the new Divorce Act

This online course focuses on family dispute resolution and the new duties for parties and legal advisers under the Divorce Act. This course will also address the amendments to the Act that encourage parties to use family dispute resolution processes and family justice services.

To access all the accredited courses click here.


The HELP Toolkit: Identifying and Responding to Family Violence for Family Law Legal Advisers 

This free Toolkit offers practical training to ensure that legal advisers can identify and respond to family violence in their family law cases.

The HELP toolkit is comprised of four sections:

    • HAVE an initial discussion about family violence
    • EXPLORE immediate risks and safety concerns
    • LEARN more about the family violence to help you determine what to recommend to your client
    • PROMOTE safety throughout the family law case

Each of these sections is covered in depth, along with a legal response guide and supplemental materials to assist practitioners. The Toolkit is based on new and existing research on family violence in the family law context.

The HELP Toolkit: Identifying and Responding to Family Violence for Family Law Legal Advisers can be accessed through the Department of Justice Canada website by clicking here.

To access all of the resources offered by Justice Canada Changes to Family Laws click here.

New Journal Titles from HeinOnline

HeinOnline has added new journal titles to their flagship journal database, the Law Journal Library. We’ve evaluated these new titles and are highlighting the ones we think you’ll be most interested in. All of these journals are available to our members on HeinOnline behind the Law Society Member Portal.


Amicus Curiae

The official journal of the Society for Advanced Legal Studies and the Institute of Advanced Legal Studies. Its mandate is to promote communication and cooperation within the legal community, and covers UK, European, Foreign, International and Comparative Law. This includes Canadian coverage, for example:

  • Corporate Liability for Breaches of Fundamental Human Rights in Canadian Law: Nevsun Resources Limited v Araya
    Amicus CURIAE 505 (2020) Peter Muchlinski
Criminal Justice Studies

A quarterly journal that publishes theoretical, empirical and interpretive studies of crime and criminal justice. The journal focuses on critical assessments of criminal justice policy and practices, with an emphasis on social science methodologies. Published in the US with an international scope, the journal includes Canadian content, for example:

  • Correctional Outcomes of Offenders with Mental Disorders
    27 CRIM. Just. Stud. 63 (2014) Lynn A. Stewart & Geoff Wilton
Refuge: Canada’s Journal on Refugees

A Canadian non-profit, open-access journal that publishes articles from academics, policy-makers, and practitioners in the field of forced migration. The journal offers a mix of social science and legal articles, for example:

  • Not Just the Luck of the Draw? Exploring Competency of Counsel and Other Qualitative Factors in Federal Court Refugee Leave Determinations (2005-2010)
    37 REFUGE 61 (2021) Jamie Liew , Pia Zambelli, Pierre-Andre Theriault & Maureen Silcoff
Research in Law and Economics

This journal covers the intersection of law and economics, providing a mix of legal analysis, policy research, and social science articles. Although largely American in scope, there is some Canadian coverage as well, including:

  • An Economic Justification for a Private Standard in Merger Policy: The Merger of Superior Propane and ICG Propane
    21 Rsch. in L. & ECON. 409 (2004) Richard O. Zerbe Jr. & Sunny Knott
Tocqueville Review

A social science journal in the spirit of Alexis de Tocqueville, with an emphasis on the comparative study of social change. American and French in scope, with articles in English and French. The journal does offer some Canadian coverage with a legal focus, for example:

  • Research Ethics as Social Policy: Some Lessons from Experiences in Canada and the United States
    24 Tocqueville Rev. 61 (2003) Michael McDonald & Eric M. Meslin

To access these titles and more, please visit HeinOnline behind the Law Society Member Portal.

Legislative Update

Introduced

Government Bills

Bill 10 An Act respecting amendments to the Health Services Insurance Act, the Pharmaceutical Act, and Various Corporate Statutes – Amendments to The Health Services Insurance Act and The Pharmaceutical Act would allow point-of-care COVID-19 testing to be done by pharmacists and enable other professions to do so if permitted under The Regulated Health Professions Act. Amendments to The Condominium Act, The Cooperatives Act, The Corporations Act and The Credit Unions and Caisses Populaires Act would enable co-operative, condominium and corporate directors, shareholders, members and unit owners to choose to hold virtual meetings.

Bill 11 The Elections Amendment Act – This Bill amends The Elections Act. Two significant changes are made to enable the use of new technologies, along with a number of other amendments:

    • The Bill permits the Chief Electoral Officer to authorize the use of vote counting machines to count the vote.
    • All advance votes, whether cast by residents of the electoral division or non-residents, will be counted on election night in the electoral division in which they were cast and reported back to the appropriate home electoral division using secure electronic technology.

Bill 12 The Peak of the Market Reorganization Act – Peak of the Market is a corporation incorporated under The Farm Products Marketing Act. This Bill continues it as Peak of the Market NFP Inc., a corporation without share capital under The Corporations Act. The regulations related to Peak of the Market are repealed.

Bill 13 The Social Services Appeal Board Amendment Act – This Bill amends The Social Services Appeal Board Act. The following changes are made to the procedures before the board.

    • An appeal may be heard by a single member of the board.
    • An appeal may be heard in writing or by telephone or other electronic means.
    • The board may dismiss an appeal in certain circumstances, including when the appeal is trivial, not made in good faith or is vexatious.
    • Certain procedural deadlines are extended.
Private Bills

Bill 217 The Fatality Inquiries Amendment Act (Overdose Death Reporting) – This Bill amends The Fatality Inquiries Act to require the chief medical examiner to post a report on a government website setting out the number of drug overdose deaths in Manitoba for each month. The report must also identify the type of drug that is suspected of causing or contributing to each reported death.

For the status of all current bills click here.


Proclamations

ChapterTitle     (provisions)Date in forceDate signedProclamation
SM 2021, c. 11The Public Service Act
whole Act
26 Feb 202215 Feb 2022Proclamation
SM 2021, c. 30The Reducing Red Tape and Improving Services Act, 2020
sections 6 to 10
28 Feb 202215 Feb 2022Proclamation

For all current proclamations click here.

Digital Book Display – Evidence

One of the strengths of the Manitoba Law Library is our range of texts on evidence. We have titles specific to criminal law and family law, digital evidence, expert evidence, and section 24(2) of the Charter.

To help you browse, we’ve compiled some of our most recent print and online titles into this virtual book display.


How to use this display

Click on the image of a title you’re interested in to view the catalog listing (includes the abstract and subject headings).

Our library catalog allows you to create a reading list and keep track of titles. Click “select” at the bottom left of the book’s catalog record. You can add as many titles as you like to your list and email or print it for future reference.

We hope you enjoy this digital book display!


Print

The following print titles are available:


The following titles are available in print as well as online in Emond’s Criminal Law Series available through the Law Society Member Portal:

Digital Evidence, 2nd ed.
Digital Evidence:
a practitioner’s handbook

Online

The following titles are available on vLex through the Law Society Member Portal:

Expert Evidence in Criminal Law: the scientific approach
The Law of Evidence, 8th ed.

Journals

We also subscribe to journals that exclusively cover the topic of evidence. These journal titles from HeinOnline Law Journal Library are available behind the Law Society Member Portal:

  • Digital Evidence and Electronic Signature Law Review – vols. 1-18 (2004-2021)
  • International Commentary on Evidence – vols. 1-14 (1998-2016) are available in full text
  • International Journal of Evidence & Proof – vols. 1-22  (1996-2018) are available in full text