41 The Occupiers’ Liability Amendment Act – This Bill amends The Occupiers’ Liability Act. Notice of a personal injury claim related to snow or ice on private property must be given within 60 days after the injury occurred. The notice must be given to an occupier of the property or a contractor engaged to remove snow or ice on the property. Notice given to one of them is notice to everyone who may be subject to the claim. The 60-day notice period does not apply in cases of injuries resulting in death or if a court determines that there was a reasonable excuse for failing to comply and that the failure does not prejudice the defendant.
43 The Provincial Offences Amendment Act (2) – This Bill amends The Provincial Offences Act. It enables First Nations to have contraventions of their laws dealt with under The Provincial Offences Act, which allows charges to be laid using tickets and provides additional enforcement options to collect unpaid fines.
Changes to King’s Bench Rules – New amendment to the rules dealing with family matters, as well as probate and estate matters, have been approved. See regulations 37/2023, 38/2023, and 39/2023 for full details.
Fifth Session, 42nd Legislature
39 The Residential Tenancies Amendment Act (3) – amends The Residential Tenancies Act to list examples of information or evidence that the director may consider in an application to evict a tenant for unlawful activity.
40 The Combative Sports Amendment Act – This Bill expands the Commission’s mandate to include licensing and regulating amateur combative sports that the Lieutenant Governor in Council has designated.
233 The Chartered Professionals in Human Resources Act – “This Bill establishes The Chartered Professionals in Human Resources Act. Title reservation and self-governing authority are provided to members of the Chartered Professionals in Human Resources Manitoba.”
The Manitoba government has appointed Judge Ryan Rolston as the new chief judge of the provincial court of Manitoba. April 25, 2023 – “The Manitoba government has appointed Judge Ryan Rolston as chief judge of the provincial court of Manitoba, Justice Minister Kelvin Goertzen announced today. Rolston was called to the bar in 2000. Since being appointed to the bench, he has been a leader in the education of judges in Manitoba and nationally, having organized seminars as co-chair of the education committee and for the national education committee of the Canadian Association of Provincial Court Judges. His appointment as a chief judge will come into effect in July for a non-renewable term of seven years.”
237 The Advanced Education Administration Amendment Act – “This Bill amends The Advanced Education Administration Act to include Providence University College and Theological Seminary as a university dealt with under the Act. Providence University College and Theological Seminary is exempted from the guidelines for university tuition fees and student fees.”
239 The Residential Tenancies Amendment Act (Application Fees and Deposits) – “This Bill amends The Residential Tenancies Act to clarify that a landlord must not charge a prospective tenant any application fees. A landlord is also not permitted to require a tenant to pay a deposit before the landlord and tenant enter into a tenancy agreement. This Bill also amends The Health System Governance and Accountability Act and The Vulnerable Persons Living with a Mental Disability Act to ensure that certain information on each personal care home is published on a government website,…”
240 The Remembrance Day Amendment Act – “This Bill amends The Remembrance Day Act to ensure that employees are entitled to wear a poppy in the workplace during the seven-day period leading up to and including Remembrance Day.”
235 The Employment Standards Code Amendment Act – “This Bill amends The Employment Standards Code. The length of unpaid leave on the death of a family member is expanded from three days to five days. In addition, an employee may now take up to five days of unpaid leave if the employee or their spouse or common-law partner experiences a loss of pregnancy.”
236 The Public Expression Protection Act – “This Bill establishes The Public Expression Protection Act. A defendant to a civil proceeding may file a motion to dismiss the proceeding on the ground that the proceeding arises from an expression by the defendant on a matter of public interest. Until the motion is finally resolved, no further steps may be taken by any party in the proceeding or in a tribunal proceeding related to the same matter of public interest.”
13 The Wildlife Amendment Act -“New residency rules are established for use in issuing licences and permits under the Act. People who reside outside Manitoba may be required to use the services of guides or outfitters when hunting specified animals or when hunting under certain licences. Restrictions on Sunday hunting are removed from the Act.”
16 The Domestic Violence and Stalking Amendment Act – “amends The Domestic Violence and Stalking Act. A protection order may include provisions that enable the parties to the order to attend a family arbitration, family dispute resolution activities and supervised child visitations and transfers. A party applying for a prevention order or a protection order must disclose the existence of any orders or agreements between the subject and the respondent dealing with parenting arrangements, custody, contact, access or guardianship.”
17 The Regulated Health Professions Amendment Act (2) – “amends The Regulated Health Professions Act. The minister’s powers relating to inquiries, directives and orders are extended to the regulatory colleges and associations of health professions that are not yet governed under the Act.”
19 The Provincial Offences Amendment Act – “makes several minor amendments to The Provincial Offences Act. Rules respecting when a ticket or an information may be amended or quashed are standardized. Information contained in a document attached to a certificate of evidence signed by an enforcement officer or other authorized person is admissible as proof of the facts set out in the document. There are no appeals of decisions made on motions or other preliminary matters in proceedings under the Act unless the Act specifically allows an appeal.”
20 The Conflict of Interest (Members and Ministers) Amendment Act – “amends The Conflict of Interest (Members and Ministers) Act as follows: Reports concerning gifts, benefits and private air travel are made public, Securities or stocks that a minister entrusts to another person are excluded from the minister’s disclosure statement, and Records that become public under the Act are not subject to destruction.”
22 The Emergency Measures Amendment Act – “amends The Emergency Measures Act. The name of the Manitoba Emergency Measures Organization is changed to the Manitoba Emergency Management Organization. Every government department must prepare a continuity plan for responding to events that affect its ability to deliver services. A government department must also prepare an emergency management program if directed to do so by the minister. Further amendments are made to allow corporations or organizations to be designated as critical service providers by class as well as individually.”
24 The Wildfires Amendment Act – “Inspection and enforcement powers are expanded and the maximum fines that may be imposed are increased. The requirements that apply when carrying on work within a burning permit area are now established by regulation. A work permit is no longer required.”
27 The Intimate Image Protection Amendment Act – “amends The Intimate Image Protection Act. It shifts the burden of proof in an action for the non-consensual distribution of an intimate image. The distribution of an intimate image of a person is presumed to have occurred without their consent. A person who distributed the intimate image must establish that they had reasonable grounds to believe that they had consent from the person in the image to distribute that image.”
28 The Local Government Statutes Amendment Act – “amends The City of Winnipeg Charter, The Municipal Act, The Northern Affairs Act and The Public Schools Act. The following people must take a leave of absence when they run for election as a member of the Legislative Assembly: a member of council of a municipality, including the City of Winnipeg; a member of a community council; a trustee of a school division or district. In addition, The Elections Act is amended to eliminate the prohibition on a member of council of a municipality being nominated for election as a member of the Legislative Assembly.”
31 The Animal Care Amendment Act (2) – “The time limit for an appeal may be extended by the Animal Care Appeal Board. The appeal board may also dismiss a matter without a hearing in certain circumstances. Administrative amendments are made regarding notices of appeal filed with the appeal board. Amendments are also made regarding collection of costs under the Act.”
32 An Act respecting Child and Family Services (Indigenous Jurisdiction and Related Amendments) – “An Act respecting First Nations, Inuit and Métis children, youth and families (Canada) affirms the right of First Nations, Inuit and Métis peoples to exercise jurisdiction in relation to child and family services and sets out a framework for coordinated service provision. This Bill amends several Acts to recognize Indigenous jurisdiction and support the implementation of the federal Act.”
33 The Addiction Services Act – ” establishes The Addiction Services Act. A licence is required to provide addiction services that involve overnight accommodation, supervised consumption services and withdrawal management services to people with substance use addictions. Related amendments are made to The Personal Health Information Act and The Private Hospitals Act.”
34 The Police Services Amendment Act – “This Bill amends The Police Services Act. The Director of Policing may establish standards respecting police service operations, facilities and equipment. The criminal intelligence director is responsible for creating standards dealing with criminal intelligence. The Manitoba Police Commission monitors police service compliance with policing standards.”
36 The Fair Registration Practices in Regulated Professions Amendment Act – “This Bill amends The Fair Registration Practices in Regulated Professions Act. Time limits are established in which a regulated profession must respond to an application for registration from an individual who has a similar registration in another Canadian jurisdiction. A regulated profession may apply to the minister for an extension of a time limit. Regulated professions are also required to comply with any regulations respecting English or French language proficiency testing requirements for domestic and internationally educated individuals. Compliance orders may now be made under this Act if a regulated profession fails to comply with a domestic trade agreement.”
38 The Builders’ Liens Amendment Act (Prompt Payment) – “Bill amends The Builders’ Liens Act. A prompt payment scheme is established to facilitate the timely flow of construction project funds by imposing payment deadlines on each payor in the construction contract chain.”
224 The Transportation Infrastructure Amendment Act – ” amends The Transportation Infrastructure Act to add a requirement that the minister establish standards for clearing snow from provincial roads. These standards must meet the minimum requirements set out in a schedule to the Act and must be published.”
This Bill amends The Health Services Insurance Act to require the minister to ensure that the current standards for paid care set out in the guidelines are maintained. The minister must also establish standards to ensure that the direct care provided to residents is adequate.
226 The Universal Newborn Hearing Screening Amendment Act – ” This Bill amends The Universal Newborn Hearing Screening 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. The Act’s title is amended to reflect this change.
228 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.
230 The Municipal Councils and School Boards Elections Amendment Act – “This Bill amends The Municipal Councils and School Boards Elections Act to require candidates to disclose offences to which they have pleaded guilty or in respect of which they have been found guilty. Offences for which a person received a record suspension under the Criminal Records Act (Canada) must be disclosed. Youth offences and those offences for which a pardon was granted under the Criminal Code (Canada) are excluded.
Bill 221 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.”
Bill 222 The Public Schools Amendment Act (Nutrition Programs) – “This Bill amends The Public Schools Act to require the minister to report each year by school division and school district on the schools that provided a nutrition program during the previous fiscal year. The minister must table the report in the Assembly and make it available to the public.”
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
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