Legislative Update – May 14, 2024

News

The Legislative Assembly of Manitoba

First Session, Forty-Third Legislature

Government Bills

Introduced

  • Bill 37 The Budget Implementation and Tax Statutes Amendment Act, 2024This Bill implements measures announced in the 2024 Manitoba Budget and makes various other amendments to tax and financial legislation.
    • Part 1: Fuel Tax
    • Part 2: Income Tax
    • Part 3: Oil and Gas Production Tax
    • Part 4: Property Tax and Insulation Assistance
    • Part 5: Retail Sales Tax
    • Part 6: Succession Duty
    • Part 7: Tax Administration and Miscellaneous Taxes
    • Other Amendments:
      • Civil Service Superannuation Act and Elections Act
      • Financial Administration Act
      • Manitoba Public Insurance Corporation Act
    • Schedules:
      • Election Financing Amendment Act
      • Environment Amendment Act
      • Manitoba Hydro Amendment Act
      • Labour Relations Amendment Act
      • Seniors’ Advocate Act

2nd Reading

Private Members’ – Public Bills

Introduced

2nd Reading

In Committee/Reported

Passed

For the status of all current bills click here.


Regulations

NumberTitleRegisteredPublished
30/2024Diseases of Bees Designation Regulation (2024)26 Apr. 202426 Apr. 2024
31/2024Assistance Regulation, amendment26 Apr. 202426 Apr. 2024
32/2024Domestic Labour Mobility Applicants Regulation26 Apr. 202426 Apr. 2024
33/2024Retail Sales Tax Regulation, amendment26 Apr. 202426 Apr. 2024
34/2024Reliability Standards Regulation, amendment3 May 20243 May 2024

Red Dress Day

If you or someone you know needs immediate mental and emotional wellness support, call The National Inquiry into MMIWG2S Toll-Free Support Phone: 1-844-413-6649

Sunday, May 5 is The National Day of Awareness for Missing and Murdered Indigenous Women, Girls, and 2SLGBTQQIA+ Peoples, more commonly known as Red Dress Day, inspired by the 2010 REDress Project created by Métis artist Jaime Black.

In the 2019 report, Reclaiming Power and Place, the National Inquiry into Missing and Murdered Indigenous Women and Girls recommends Calls For Justice. Under Calls for Attorneys and Law Societies (pg. 194, 10.1(iii)), the report makes the request that:

All courts must have a staff position for an Indigenous courtroom liaison worker that is adequately funded and resourced to ensure Indigenous people in the court system know their rights and are connected to appropriate services.

Although we are not court staff, Manitoba Law Library would like to honour the Calls for Justice by providing legal information and direction to legal resources to those who need them.


Community Legal Education Association has a phone line and dedicated email address to provide prompt legal information and referrals to resources.


Family Law For Children

A booklet designed by CLEA to help children cope with the family court process. Topics include: Separation of parents; Living arrangements; Family violence; Blended Families.

wood love people woman

Divorce

Understand the requirements for obtaining a divorce as well as the difference between divorce and annulment.

person in white long sleeve shirt and black pants

Parenting Arrangements

Introduces the concepts of parenting time and decision-making responsibility in family law. Topics include how parenting arrangements are decided; what happens if a parent or guardian wants to move with a child; how the child’s wishes are considered; and contact by non-parents.

child holding hand of another person

Right to Counsel by Jennifer Dunik

“Once young persons become involved in the justice system there is an obligation to make sure that their rights are fully protected. The right to retain and instruct counsel is one of the most important rights.”

themis figurine at lawyers office


Indigenous People and the Criminal Justice System / Jonathan Rudin
[A print copy is available in the Manitoba Law Library.]

“Indigenous people are the most over-represented population in Canada’s criminal justice system. Their experiences within the system are interwoven with issues of colonialism and discrimination. Indigenous People and the Criminal Justice System, 2nd Edition, examines these issues and their impact to provide lawyers and judges with a deeper understanding of this area of the law.”


Legal Aid Manitoba (LAM) works to ensure that eligible Manitobans have access to justice, including those who are disadvantaged and facing a well-resourced individual or entity in court”


If you have a concern about your lawyer’s conduct you may want to file a complaint. Lawyers who do not practise competently or in compliance with the Law Society’s high standards of ethical conduct may be subject to an investigation and/or discipline.”

Blog Roundup – March and April 2024

A bi-monthly round-up of blog posts from the Manitoba legal community for the months of March and April 2024

Clarke Immigration Law

Comminity Legal Education Association

Fillmore Riley

MLT Aikins

click here to see more

 Robson Crim Legal Blog

Taylor McCaffrey

TDS law

Legislative Update – April 25, 2024

News

The Legislative Assembly of Manitoba

First Session, Forty-Third Legislature

Government Bills

Introduced

  • Bill 29 The Body Armour and Fortified Vehicle Control Amendment Act – prohibits hidden compartments being added to a vehicle after it has been manufactured. After-market compartments available for sale to the general public are still permitted.
    • A vehicle with a prohibited after-market hidden compartment can be seized. The vehicle is forfeited if the owner or a person with a prior registered interest in the vehicle does not pay the costs to seize the vehicle and remove the compartment before a specified deadline.
    • Vehicles and body armour forfeited under the Act are no longer required to be destroyed.
  • Bill 30 The Unexplained Wealth Act (Criminal Property Forfeiture Act and Corporations Act Amended) – The court may make an order that requires a person to provide information about how they acquired property or an interest in property if it appears that their known sources of income and assets would not be sufficient to do so and if the person or a closely-related person have been involved in unlawful activity.
    • The court is to presume, unless the contrary is proven, that
      • cash is proceeds of unlawful activity if it is mailed or shipped with no information or false information about the sender; and
      • a building is an instrument of unlawful activity if a controlled substance is found in the building in a quantity or in circumstances consistent with the trafficking of the substance.
    • Several minor or administrative changes are made to the Act.
      • Crypto assets such as cryptocurrency are added to the definition of “property”.
      • The maximum value of property that can be the subject of administrative forfeiture proceedings is increased from $75,000 to $125,000.
      • The maximum length of interim orders under the Act is extended from 30 days to 60 days.
      • Notice of administrative forfeiture proceedings must be published on a government website instead of in a newspaper.
  • Bill 31 The Captured Carbon Storage ActEstablishes a regulatory scheme to enable the safe storage of captured carbon dioxide in geological formations in Manitoba.
    • Part 2 clarifies that the pore space under the surface of the land, including pore space in which captured carbon may be stored, belongs to the province.
    • Part 3 sets out a licensing scheme for subsurface carbon storage projects.
    • Part 4 governs surface and subsurface rights in relation to storage areas. A carbon storage licence and a well licence are conditional on the applicant having the necessary surface and subsurface rights.
    • Under Part 5, a director is appointed to administer and enforce the Act. Compliance and enforcement measures include the ability to carry out inspections, issue orders, impose administrative penalties and prosecute contraventions.
    • Under Part 6, appeals from decisions about reservations, licences, permits, orders and administrative penalties may be made to an appeal board.
  • Bill 33 The Change of Name Amendment Act (3) -Under The Change of Name Act, the Director of Vital Statistics must notify the public when a person changes their name, subject to limited exceptions. The Act is amended to remove that requirement if the reason for the change relates to the individual being transgender, non-binary, gender-diverse or two-spirit Indigenous.
  • Bill 36 The Regulated Health Professions Amendment Act – Currently under The Regulated Health Professions Act, the council of a college may direct its registrar to cancel a member’s registration or certificate of practice if the member has been convicted of an offence that is relevant to the member’s suitability to practise. The Act is amended to require the council to consider the cancellation at a meeting that is open to the public, with limited exceptions.

Private Members’ – Public Bills

Introduced

In Committee

Private Members’ – Private Bills

Introduced

  • Bill 300 The Winnipeg Foundation Amendment ActAmended in two ways: (1) The mayor of the City of Winnipeg is no longer required to be a member of the board of directors of the Foundation and (2) Audit information about the Foundation’s financial statements must be published on its website.

For the status of all current bills click here.


Regulations

NumberTitleRegisteredPublished
27/2024Water Power Regulation, amendment5 Apr. 20245 Apr. 2024
28/2024Agricultural Crown Lands Leases and Permits Regulation, amendment12 Apr. 202412 Apr. 2024
29/2024Teachers’ Pensions Regulation, amendment12 Apr. 202412 Apr. 2024

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.