Legislative Update – December 10, 2024

News

The Legislative Assembly of Manitoba

First Session, Forty-Third Legislature

Government Bills

Introduced

  • Bill 5 The Highway Traffic Amendment Act (Impaired Driving Measures)/Loi modifiant le Code de la route (mesures en cas d’infractions de conduite avec facultés affaiblies)The Highway Traffic Act is amended to impose additional consequences when an impaired driving offence involves bodily injury or death.
    • A lifetime licence suspension is imposed on a person who is convicted of two such offences committed within a 10-year period.
    • Additionally, a person who is convicted of such an offence is prohibited from driving with any alcohol in their blood for a 7-year period. A second conviction for such an offence results in a lifetime prohibition if the second offence is committed within 10 years after the first one. Unlike the licence suspension period, the alcohol prohibition period cannot be varied by the Licence Suspension Appeal Board.
    • A person who drives with alcohol in their blood while prohibited from doing so is subject to having their licence suspended and their vehicle impounded. The person might also be required to pay an administrative penalty or to participate in an impaired driving assessment or the ignition-interlock program.
    • An amendment is also made to The Drivers and Vehicles Act.

Private Bills

Introduced


For the status of all current bills click here.


Regulations

NumberTitleRegisteredPublished
126/2024Designation of Employees and Persons Deemed to be in the Civil Service Regulation, amendment29 November, 202429 November, 2024
127/2024Funding of Schools Program Regulation, amendment29 November, 202429 November, 2024
Manitoba Regulations

Looseleaf Updates – November

Executors and Trustees – Carmen S. Thériault
Release #9 – October 2024

What’s New?

Amendments and updates to the commentary in Chapter 1 (Funeral); Chapter 2 (Assets); Chapter 5 (Bequests and Beneficiaries); Chapter 10 (Breach of Trust and Its Consequences); Chapter 11 (Executor’s Compensation); Chapter 12 (Application to the Court for Advice to the Court); Chapter 15 (Resignation, Removal and Appointment of Trustees); Chapter 17 (Dependants’ Relief Claims and Spousal Property on Death; and Words and Phrases.

Remedies in Tort – Lewis N. Klar et al.
Release #10 – October 2024

What’s New?

Rewritten Chapter 18: Professional Negligence in its entirety. The previous version of chapter 18 may be discarded and replaced with the new version of the chapter. This chapter will be revised in 2 parts with the second update coming later this year.

Injunctions and Specific Performance – Robert J. Sharpe
Release #1 – November 2024

What’s New?

The provision in Ontario’s anti-SLAPP regime, Courts of Justice Act, s. 137.1(5) precludih a party from bringing any steps after an anti-SLAPP motion has been made, does not oust the court’s inherent jurisdiction to issue an interlocutory injunction: 40 Days for Life v. Dietrich, 2023 ONSC 5879 (Ont. Div. Ct.).

Lawyers & Ethics: Professional Responsibility and Discipline –Gavin MacKenzie
Release #4 – November 2024

What’s New?

Update to Issue in Focus, Words and Phrases and Selected Legal Literature.

The Law of Costs – Mark M. Orkin and Robert G. Shipper
Release #6 – October 2024

What’s New?

Updates to Chapter 3. Solicitor-and-Client Costs; Chapter 4. Costs of Motions; Chapter 5. Security for Costs; Chapter 8. Appeals; and Chapter 11. Cost in the Federal Court.

Legislative Update – December 2, 2024

News

The Legislative Assembly of Manitoba

First Session, Forty-Third Legislature

Government Bills

Introduced

  • Bill 2 The Provincial Court Amendment ActThe Provincial Court Act is amended to expand the subjects of continuing education for provincial court judges. Subjects are to include intimate partner violence, coercive control in intimate partner and family relationships and the experiences of Indigenous persons and 2SLGBTQIA+ persons.
    • To be eligible for appointment as a judicial justice of the peace, a candidate must agree to participate in continuing education on a number of specified subjects.
    • Funding for continuing education seminars established by the Chief Judge does not lapse.
  • Bill 3 The City of Winnipeg Charter Amendment and Planning Amendment ActThe City of Winnipeg Charter and The Planning Act provide that the Municipal Board must hold a hearing on a proposed zoning by-law if a sufficient number of people object to the by-law.
    • The City of Winnipeg Charter is amended to increase the sufficient number of objections from at least 25 to at least 300.
    • The Planning Act is amended to increase the sufficient number of objections from at least 25 to at least
      • 300, for a municipality or planning district with a population of at least 6,000; or
      • the greater of 100 or 5% of the population, for a municipality or planning district with a population of fewer than 6,000.
    • In addition, each Act currently provides that the Municipal Board must hold a hearing when objections to a zoning by-law affecting a particular parcel of land are received from at least 50% of the land owners within 100 metres from the parcel. The provisions are repealed.
  • Bill 4 The Planning Amendment ActThe Planning Act is amended to enable a municipality to withdraw from the Capital Planning Region.
    • The date for completing the initial regional plan for the Capital Planning Region is extended.
    • The obligations concerning drinking water and wastewater management plans for municipalities within the capital region are continued and are no longer dependent on membership in the Capital Planning Region.
    • Related amendments are made with respect to other planning regions that may be established in the future.

Private Bills

Introduced


For the status of all current bills click here.


Proclamations

Regulations

NumberTitleRegisteredPublished
119/2024Reporting Organizations Regulation, amendment22 November, 202422 November, 2024
120/2024Public Interest Disclosure (Whistleblower Protection) Regulation, amendment22 November, 202422 November, 2024
121/2024Access and Privacy Regulation, amendment22 November, 202422 November, 2024
122/2024Public Interest Disclosure (Whistleblower Protection) Regulation, amendment22 November, 202422 November, 2024
123/2024Child Care Regulation, amendment22 November, 202422 November, 2024
124/2024Combative Sports Regulation25 November, 202426 November, 2024
125/2024School Divisions and Districts Establishment Regulation, amendment26 November, 202426 November, 2024
Manitoba Regulations

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.