Legislative Update

2nd Session, 42nd Legislature

New Bills

GOVERNMENT BILLS

Bill 8 The Pension Benefits Amendment Act – amends The Pension Benefits Act with a number of changes made in response to recommendations from the Manitoba Pension Commission. These changes include how pension plan members contribute, determine benefits, withdraw funds, and other important changes.

Bill 9 The Public Services Sustainability Amendment Act – amends The Public Services Sustainability Act by setting the start and duration of a sustainability period by regulation, limiting increases in pay during a sustainability period, giving the minister power to approve modest increases in pay, detailing compensation changes, and other clarifications.

Bill 10 The Regional Health Authorities Amendment Act (Health System Governance and Accountability) – amends the Act to consolidate administrative services related to health care and to centralize the delivery of certain health services across Manitoba. The Act is renamed The Health System Governance and Accountability Act.

Bill 11 The Minor Amendments and Corrections Act, 2019 – corrects typographical, numbering and other drafting errors. It also makes minor amendments to various Acts.

Bill 12 The Workplace Safety and Health Amendment Act – makes the following amendments to The Workplace Safety and Health Act: a discriminatory action is now referred to as a reprisal; the position of the chief prevention officer is eliminated; a referral for a reprisal must now be made to a safety and health officer within six months after the date of the alleged reprisal; an appeal of a decision made by a safety and health officer may be dismissed by the director if the appeal is frivolous or vexatious, or, in the case of a reprisal, if it was not referred to an officer within six months; and maximum fines for offences under the Act are increased.

Bill 14 The Public Sector Construction Projects (Tendering) Act – concerns tenders issued by government and other public sector bodies in relation to construction projects. It prohibits the issuing of a tender that would require the successful bidder to employ unionized employees or non-unionized employees for work on the project. Related amendments are included.

Bill 16 The Labour Relations Amendment Act – amends The Labour Relations Act to allow the transition of conciliation and grievance mediation functions to the private sector. The requirement to review provisions of the Act (introduced in 2000) respecting the settlement of subsequent collective agreements is repealed. The Lieutenant Governor in Council is given authority to make regulations setting fees for the various applications that may be made to the Manitoba Labour Board under The Labour Relations Act and other Acts.

Bill 17 The Manitoba Public Insurance Corporation Amendment Act (Claim Dispute Tribunal) – amends The Manitoba Public Insurance Corporation Act to establish the claim dispute tribunal. The tribunal is an independent body that has exclusive jurisdiction to resolve a dispute between an insured person and MPIC concerning vehicle repairs or the amount payable when a vehicle is damaged. In addition, the tribunal may resolve a dispute about MPIC’s determination of liability for an accident or a decision to deny coverage, unless the insured person elects to have those matters determined by the court instead.

Bill 19 The Public Service Act – provides a legislative framework for an ethical and effective public service for Manitoba. The values for an ethical and effective public service are set out in law and supported by codes of conduct, action plans and workforce management policies to be established across the public service. An employers’ council, ministerial directive power for broader public service employers, and consultation opportunities harmonize the delivery of public services in Manitoba.

Bill 21 The Workers Compensation Amendment Act – amends The Workers Compensation Act to deal with the governance of The Workers Compensation Board (“WCB”) and to respond to the 2016-2017 recommendations of the Legislative Review Committee. It includes significant changes to governance, coverage and assessment, compensation, administration, and enforcement.

PRIVATE BILLS

Bill 203 The Climate and Green Plan Amendment Act (Improved Climate Change Targets and Enhanced Ministerial Accountability) – This Bill amends The Climate and Green Plan Act to change how reduction targets for greenhouse gas emissions are established and reported and to reduce ministers’ salaries until the targets are achieved.       

Bill Status

SECOND READING

Bill 7 – The Employment Standards Code Amendment Act – Dec. 2, 2019

Check the Bill Status to follow the legislative process.

WestlawNext Canada now available in the Library

Starting this week, members who come to the Great Library are able to use WestlawNext Canada from any of the desktop computers. We have purchased a subscription to LawSource, CriminalSource, Estates and TrustsSource and FamilySource, as well as parts of Litigator.

If this is a new-to-you product, we are able to get you set up to take advantage of all the resources available in Westlaw. We will also bring in dedicated trainers from time to time for more intensive training.

By providing both on-site and off-site electronic resources, we can provide the most efficient and effective legal research opportunities for all members. Be sure to take advantage of them either through your own efforts, or by asking us for help.

Manitoba Legislative Update

2nd Session, 42nd Legislature

New Bills

Government Bills

Bill 2 The Retail Business Hours Of Operation Act – Currently, retail business hours and days of operation are subject to provincial legislation. This Bill gives local governments authority over these matters.

Bill 3 The Liquor, Gaming and Cannabis Control Amendment Act – This Bill amends The Liquor, Gaming and Cannabis Control Act to make it a term of the agreement that the operator of a cannabis store must pay to the government a social responsibility fee. The fee is 6% of the operator’s annual cannabis sales revenue or the amount set by regulation.

Bill 4 The Manitoba Hydro Amendment Act – This Bill amends The Manitoba Hydro Act to increase the borrowing authority granted to Manitoba Hydro. Currently, Manitoba Hydro may borrow up to $500 million for temporary purposes. This amendment authorizes borrowing up to $1.5 billion for those purposes.

Bill 5 The Liquor, Gaming and Cannabis Control Amendment Act – This Bill amends the Act to prohibit cannabis consumption in public places, unless the consumption is permitted by regulation or under The Smoking and Vapour Products Control Act.

Bill 6 The Planning Amendment Act – This Bill amends The Planning Act to provide that the council of the City of Brandon is the approving authority for the subdivision of land in Brandon.

Bill 7 The Employment Standards Code Amendment Act (Leave for Victims of Interpersonal Violence) – Currently, an employee who is a victim of domestic violence may take a leave from work under The Employment Standards Code. This Bill expands leave eligibility to an employee who is a victim of sexual violence or stalking.

Private Bills

Bill 200 The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act – This Bill amends these Acts to change the definition “recognized opposition party” and the definition “other opposition party” 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.

Bill 201 The Vital Statistics Amendment Act – This Bill amends The Vital Statistics Act to provide that the birth certificate and other official documents of a person who has changed their sex designation may contain no sex designation or may use an “X”.

Proclamations

SM 2019, c. 16 The Courts Modernization Act – “With the advice and consent of the Executive Council of Manitoba, we name January 1, 2020, as the day on which sections 7, 8, 12, 16, 17, 20 to 23 and 25 of The Courts Modernization Act (Various Acts Amended) (S.M. 2019, c. 16) come into force.”

Manitoba Law Blogs Roundup

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

Clarke Immigration law
Lawyer Fees Online October 1, 2019
 

Robson Crim Legal Blog
Indeterminate Sentencing: Rehabilitation or Damnation? October 9, 2019 A. Homenko
False Witness Testimony Through the Lens of the Milgaard Story October 16, 2019, A. Homenko
The Criminal Justice System and Mental Health October 22, 2019, H. Allardyce
The Mandatory Minimum Fairy Tale October 23, 2019, A. Homenko
Criminal Charges and the Intersection of Immigration October 25, 2019, S Thiessen
Jury Representation: A wider view than the possible issue within peremptory challenges October 28, 2019, M Lawrence
Prostitution and Feminism: The Varying Perspectives on Laws Forbidding Sex Work October 29, 2019, H. Allardyce
Presumption of Innocence Diminished to Rhetoric October 30, 2019, A. Homenko
A Tailored Response to Criticisms of Courts Striking Down Mandatory Minimum Sentencing Provisions November 5, 2019, R Ziegler
A Comment on the Fleming 2019 Case November 6, 2019, B Roberts
Solitary Confinement for Incarcerated Youth: Further Exacerbating the Problem November 7, 2019, S Thiessen
High and Dry: Practical Issues with the Cannabis Act, Bill C-46, and Bingley November 12, 2019, R Ziegler
An Application for Ministerial Review: Brian Anderson’s Battle for Exoneration November 14, 2019, M Lawrence
The Significance of Mismatched Semantics Between Crown and Police First Party Disclosure Obligations from in R v Gubbins November 19, 2019 R Ziegler
 

Matthew Gould Blog
Consequences of Assault Offences in Canada October 10, 2019
What Are Your Rights For Enforcing Against A Landlord? November 7, 2019

MLT Aikins
5-year Travel Bans: An Increasing Concern for Canadians Travelling to the U.S. for Work or Pleasure
Travelling to the U.S. for Work? Avoid Delays and Refusals at the Border by Being Prepared
Normal Anxiety or Mental Illness? A Guide for Employers
Cascading Derivative Assessments and Preconditions to Liability under sections 160 and 227.1 of the Income Tax Act: Colitto v. Her Majesty the Queen, 2019 TCC 88
Can Private Property Owners Ban Drone Overflights?
Data Breach Reports Skyrocket in First Year of Mandatory Breach Reporting
Keeping the Faith — Five Years After Bhasin v Hrynew
 

TDSlaw
Trademark Security Interests in Canada November 18, 2019
Broader Protection for IP Licensees In Insolvency Proceedings Comes Into Effect On November 1, 2019 November 04, 2019
The California Consumer Privacy Act and Its Impact on Canadian Businesses October 29, 2019
Navigating Canadian Cannabis Promotion Restrictions – The Swag Exception October 24, 2019

Decision of the Week – S. 2(b) Charter Challenge

This decision by Lanchbery, J. concerns the right of Manitoba Public Insurance to cancel a personalized licence plate (PLP) after allowing the respondent to display it for almost two years. The slogan on the licence plate was based on characters from Star Trek.

[88]      The question before me, is the limit of s. 2(b) rights on PLPs for the purpose to “eliminate the inappropriate/possibly offensive slogans”, reasonable.

Troller v. Manitoba Public Insurance Corporation, 2019 MBQB 157

The parties agreed that the decision to revoke the PLP is a discretionary administrative act of the Registrar (para. 81). Lanchbery, J. found that Charter protections are engaged, but further analysis showed that the actions of MPIC were reasonable.

One interesting fact that came out of this was that MPIC uses the Urban Dictionary as one of its sources to determine whether a potential PLP is offensive.

Please note: The library will be closed on Tuesday, July 1st, 2025 for Canada Day.  Regular library service will resume Wednesday, July 2nd at 8:30AM.

The library will be closing at 3:00 p.m. today, June 30th, 2025.  Lawyers can ask Protective Services for access after hours.