Legislative Update

Third Session, Forty-Second Legislature

Government Bills

Second Reading

Bill 4 The Retail Business Hours of Operation Act (Various Acts Amended or Repealed)

Bill 7 The Planning Amendment Act

Bill 9 The Opioid Damages and Health Care Costs Recovery Act

In Committee

Bill 42 The Remote Witnessing and Commissioning Act (Various Acts Amended)

Private Bills

First Reading

Bill 213 The Reporting of Supports for Child Survivors of Sexual Assault Act (Trained Health Professionals and Evidence Collection Kits) – This Bill requires the minister to report annually, by health authority, on the number of health professionals with special training to examine children who have been sexually assaulted and on sexual assault evidence kit inventory.

Bill 214 The Universal Newborn Hearing Screening Amendment 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.

Bill 217 The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act – amends The Legislative Assembly Act and The Legislative Assembly Management Commission Act. The definitions “recognized opposition party” and “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.

In Committee

Bill 211 The Employment Standards Code Amendment Act (Unpaid Leave for Reservists)

Defeated

Bill 200 The Scrap Metal Sales Accountability Act

Bill 203 The Manitoba Hydro Amendment Act (Referendum Before Privatization of Subsidiary)

See here for the status of all current bills.

Manitoba Law Blogs Roundup

A bi-monthly round-up of blog posts from the Manitoba legal community for the months of October and November 2020

Clarke Immigration Law

Robson Crim Legal Blog

Matthew Gould Blog (Criminal Law)

Taylor McCaffrey

TDS law

Pitblado Law Blog

MLT Aikins

New Provincial Court Notices

Notice – Service of Child Protection Proceedings on Persons in Custody during Pandemic Restrictions (November 18, 2020)
“Prior to the pandemic, a process server might attend the institution to effect personal service. However with Code Red restrictions and the elimination or restriction of visitors to the Correctional Centre, this method of service is not possible.” The notice gives new options and contact information for correctional centres.

Notice – Circuit Court Sitting Replacement Dates Due to COVID-19 (November 18, 2020)
“Further to the Notice of November 10, 2020, suspending court with respect to all circuit court sittings, the following dates reflect the date the circuit should have sat within the suspended period and the date the circuit has been administratively adjourned to.”

Practice Directive – Video Appearances for Trials and Preliminary Hearings in the Provincial Court of Manitoba (November 17, 2020) – “…the Court has developed this Practice Directive to accommodate the remote attendance of a participant at trial or preliminary hearing by video, where appropriate, while maintaining the integrity of the hearing process.” The process for requesting an accused or in custody witness appear by video is provided.

Legislative Update

Third Session, Forty-Second Legislature

Government Bills

Passed

Bill 65 The Appropriation Act, 2020

Bill 66 The Loan Act, 2020-2021

Private Bills

Introduced

Bill 208 The Wildlife Amendment Act (Protecting Property from Water and Wildlife Damage) – Currently, a landowner has the right to kill or take certain wildlife in defence of their property. The Bill extends the right to tenants of private or leased Crown land.

Bill 209 The Criminal Property Forfeiture Amendment Act (2) – Currently, money in the criminal property forfeiture fund may be used for programs operated by law enforcement agencies. The Bill enables the money to instead go to non-profit community organizations for social programs, such as affordable housing and restorative justice.

Bill 210 The Personal Protective Equipment Reporting Act – requires a report to be tabled each year in the Legislative Assembly setting out the quantity, and any applicable expiry dates, of personal protective equipment purchased and held by health authorities.

Bill 215 The Provincial Court Amendment Act (Gender-Based Violence Education Requirements) – This Bill amends The Provincial Court Act to require judicial candidates to complete education in sexual assault law.

Bill 216 The Public Health Amendment Act (2) – amends The Public Health Act to repeal the requirement that the chief public health officer obtain the approval of the minister before issuing a public health emergency order.

Bill 301 The Winnipeg Humane Society Foundation Incorporation Amendment Act – changes composition of the board as well as investment requirements.

Second Reading

Bill 211 The Employment Standards Code Amendment Act (Unpaid Leave for Reservists)

See here for the status of all current bills.


Proclamations

The Emergency Medical Response and Stretcher Transportation Amendment Act (section 1, clause 2(a) insofar as it repeals the definition “emergency medical response technician”, sections 4 and 5, clauses 13(1)(a) and (b), and section 16) SM 2017, c. 13, comes into force on December 1, 2020.

The Municipal Assessment Amendment Act (whole Act) SM 2020, c. 13 proclaimed to come into force on January 1, 2021.

The Peatlands Stewardship and Related Amendments Act (sections 8 to 16 and 30; sections 8 to 16 and 30) SM 2014, c. 27 sections 8 to1 6 and 30 proclaimed to come into force November 16 ,2020.

See here for a list of all Proclamations.

New Practice Direction – Remote Appearance

Manitoba Court of Queen’s Bench

Practice Direction – Criminal Trials Accused’s Remote Appearance by Video Conference (November 17, 2020) – “This Practice Direction is meant to now more specifically stipulate the procedures, presumptions and relevant factors that will govern those situations where an accused is unable to be present in Court during the whole of his or her trial and where as a result, the trial risks being adjourned.”

The library will be closed on Monday, August 5 for Terry Fox Day.