Legislative Update

A number of bills from the previous session of the legislature have been reintroduced, as well as number of new bills as part of the Government’s legislative agenda. To see the government’s news release on this, click here.

Third Session, Forty-Second Legislature

Government Bills

1st Reading

Bill 5 The Liquor, Gaming and Cannabis Control Amendment Act (Cannabis Social Responsibility Fee) – 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.

Bill 6 The Liquor, Gaming and Cannabis Control Amendment Act – prohibits cannabis consumption in public places.

Bill 7 The Planning Amendment Act – 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 8 The Pension Benefits Amendment Act – amends The Pension Benefits Act with changes made in response to recommendations from the Manitoba Pension Commission.

Bill 9 The Opioid Damages and Health Care Costs Recovery Act – gives Manitoba a direct and distinct cause of action against manufacturers and wholesalers of opioid products to recover the cost of health care benefits caused or contributed to by an opioid-related wrong.

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

Bill 11 The Workplace Safety and Health Amendment Act – makes amendments to The Workplace Safety and Health Act.

Bill 12 The Crown Land Dispositions Act (Various Acts Amended) – amends The Crown Lands Act, The Expropriation Act, The Land Acquisition Act, The Public Works Act, The Transportation Infrastructure Act and The Water Resources Administration Act.

Bill 13 The Public Sector Construction Projects (Tendering) Act – 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.

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Legislative Update

Third Session, Forty-Second Legislature

Government Bills

1st reading

Bill 2 The Budget Implementation and Tax Statutes Amendment Act, 2020 – implements tax and other measures announced in the 2020 Manitoba Budget. Additional amendments implement and support the summary budget and make various amendments to tax legislation.

Bill 3 The Public Service Act – provides a legislative framework for an ethical and effective public service for Manitoba.

Bill 4 The Retail Business Hours of Operation Act (Various Acts Amended or Repealed) – Currently, retail business hours and days of operation are subject to provincial legislation. This Bill gives local governments authority over these matters. Amendments to The Liquor, Gaming and Cannabis Control Act, The Municipal Act, The Northern Affairs Act and The City of Winnipeg Charter are made for this purpose. The Employment Standards Code is amended to continue the ability of retail workers to refuse to work on Sundays. A consequential amendment is made to The Remembrance Day Act. The Shops Regulation Act is also repealed.

Private Bills

1st reading

Bill 205 The Latex Control Act – prohibits the sale and use of gloves containing latex as of January 1, 2022. Exceptions are provided for research and medical procedures.

Bill 300 The United Church of Canada Amendment Act – amends The United Church of Canada Act to reflect changes to the church’s governance structure.


Check here for the current status of bills.

Proclamations

The Wildlife Amendment Act (Safe Hunting and Shared Management) SM 2018, c. 33 is proclaimed to come into force on October 10th, 2020. – This amendment creates a general prohibition on night hunting.

See here for a list of all Proclamations.

Legislative Update

Two acts have come into force on July 1st.

Schedule B  of The Family Law Modernization Act; The Child Support Service Act is proclaimed into force on July 1st with important changes including:

  • In addition to its current role of recalculating existing child support orders based on updated income information, the Service is given authority to make initial child support decisions in specified circumstances. This will enable many families to have child support determined without having to make a court application.
  • The Service may recalculate all Manitoba child support orders unless a court order prohibits recalculation. Current law permits recalculation only when a court order authorizes it.
  • The Service may determine when support for an adult child is no longer eligible for recalculation. This eliminates the need for many parties to make a court application.
  • Child support agreements become eligible for recalculation by the Service.

The Courts Modernization Act (Various Acts Amended) (S.M. 2019, c. 16) is also proclaimed in force July 1st. Amendments include the following:

  • The Court of Appeal Act
    • New procedures are established to make orders respecting persons who are vexatious litigants. The ability of the court to make rules regarding practice and procedure is clarified. The court must make an annual report respecting its activities.
  • The Provincial Court Act
    • Committees that were convened to provide a list of candidates when there was a need to appoint a judge or a judicial justice of the peace are made standing committees. Each committee will maintain an ongoing list of qualified candidates. When an appointment is required, the committee will prepare a list of candidates who are recommended for the appointment in question.
    • Provincial court judges must retire at age 75.
  • The Court of Queen’s Bench Act
    • New procedures are established to make orders respecting persons who are vexatious litigants.
    • A committee that was convened to provide a list of candidates when there was a need to appoint a master is made a standing committee. This committee will maintain an ongoing list of qualified candidates and will prepare a list of recommended candidates when a master is to be appointed.
    • Masters must retire at age 75. The court must make an annual report respecting its activities. The ability of all judges to deal with aspects of certain family proceedings is clarified.
  • The Court of Queen’s Bench Small Claims Practices Act
    • The monetary limit for a small claim action is raised from $10,000 to $15,000. That limit may be increased by regulation.
    • A defendant in a small claim action is required to file a defence. Default judgment may be obtained against a defendant who does not file a defence by the deadline set under the rules. A process is established to set aside default judgments.
    • The amount of costs that can be awarded against a party is increased from $100 to $500. Wrongful dismissal from employment claims cannot be brought in a small claim action.

For a list of these and all other Proclamations visit the Government of Manitoba website here.