Crown Does Not Authorize Charges Following Passenger Bus Collision Near Carberry June 26, 2024 – Manitoba Prosecution Services (MPS) advises that after careful consideration no charges have been authorized against the driver of a passenger bus involved in a collision with a semi-truck at an intersection on the Trans-Canada Highway near Carberry on June 15, 2023.
The Legislative Assembly of Manitoba
First Session, Forty-Third Legislature
Government Bills
Introduced
Bill 38An Act Respecting Child and Family Services (Indigenous Jurisdiction and Other Amendments)/Loi concernant les services à l’enfant et à la famille (champ de compétence autochtone et autres modifications) –
Child and Family Services Act
Amendments to this Act include the following:
A preamble is added to the Act and the Declaration of Principles is repealed in light of the principles that were added to the Act in 2023.
The director and agencies must facilitate the transition to Indigenous service providers for Indigenous children and families.
For the purpose of critical incident reporting, the definition of “critical incident” is changed so that it applies to young adults only if they (and not their family) received services from an agency within a year before a serious injury or death.
A person who believes that an Indigenous child might need protection may report the matter to an Indigenous service provider.
An agency that receives information that a child might need protection may refer the matter for investigation to an applicable Indigenous service provider or investigate the matter in collaboration with that service provider.
An adult who was alleged to have been abused as a child must not be compelled to testify at a hearing about an objection to the entry of their alleged abuser’s name in the child abuse registry.
For the purpose of a hearing, a judge or associate judge may order that an Indigenous service provider be substituted for an agency that apprehended a child.
A judge or associate judge may appoint a consenting Indigenous service provider as the guardian of a child.
An Indigenous service provider with permanent guardianship of a child may apply to court for an order terminating the guardianship.
Child and Family Services Authorities Act
Amendments to this Act include the following:
An authority must facilitate the transition to Indigenous service providers for Indigenous children and families.
The minister may designate an agency, or vary a geographic region, for the purpose of providing joint intake and emergency services if it is necessary because an Indigenous governing body exercises jurisdiction over child and family services.
The Metis Authority is disestablished on a date to be fixed by proclamation.
Vital Statistics Act
This Act is amended to allow
an Indigenous service provider to apply for a birth certificate, a certified copy of a birth registration and, when required for a court proceeding, a certificate of birth registration search; and
a person applying for a guardianship or parenting order to apply for a certificate of birth registration search.
Passed
Bill 5The Adult Literacy Act/Loi surl’alphabétisation des adultesSM 2024, c. 3
Bill 6The Manitoba Assistance Amendment Act/Loi modifiant la Loi sur les allocations d’aide du ManitobaSM 2024, c. 4
Bill 8 The Safe Access to Abortion Services Act/Loi sur l’accès sécuritaire aux services d’interruption volontaire de grossesseSM 2024, c. 5
Bill 10The Advanced Education Administration Amendment Act/Loi modifiant la Loi sur l’administration de l’enseignement postsecondaireSM 2024, c. 6
Bill 11The Statutes and Regulations Amendment and Interpretation Amendment Act/Loi modifiant la Loi sur les textes législatifs et réglementaires et la Loi d’interprétationSM 2024, c. 7
Bill 13The Emergency Medical Response and Stretcher Transportation Amendment Act/Loi modifiant la Loi sur les interventions médicales d’urgence et le transport pour personnes sur civièreSM 2024, c. 8
Bill 14The Minor Amendments and Corrections Act, 2024/Loi corrective de 2024SM 2024, c. 9
Bill 15The Credit Unions and Caisses Populaires Amendment Act/Loi modifiant la Loi sur les caisses populaires et les credit unionsSM 2024, c. 10
Bill 17The Workplace Safety and Health Amendment Act/Loi modifiant la Loi sur la sécurité et l’hygiène du travailSM 2024, c. 11
Bill 18The Community Child Care Standards Amendment Act/Loi modifiant la Loi sur la garde d’enfantsSM 2024, c. 12
Bill 19The Drivers and Vehicles Amendment Act/Loi modifiant la Loi sur les conducteurs et les véhiculesSM 2024, c. 13
Bill 20The Highway Traffic Amendment Act/Loi modifiant le Code de la routeSM 2024, c. 14
Bill 22The Celebration of Nigerian Independence Day Act (Commemoration of Days, Weeks and Months Act Amended)/Loi sur la Journée de la célébration de l’indépendance du Nigeria (modification de la Loi sur les journées, les semaines et les mois commémoratifs)SM 2024, c. 15
Bill 23The Change of Name Amendment Act (2)/Loi no 2 modifiant la Loi sur le changement de nom SM 2024, c. 16
Bill 24The Intimate Image Protection Amendment Act (Distribution of Fake Intimate Images)/Loi modifiant la Loi sur la protection des images intimes (distribution de fausses images intimes)SM 2024, c. 17
Bill 29The Body Armour and Fortified Vehicle Control Amendment Act/Loi modifiant la Loi sur le contrôle des gilets de protection balistique et des véhicules blindésSM 2024, c. 18
Bill 30The Unexplained Wealth Act (Criminal Property Forfeiture Act and Corporations Act Amended)/Loi sur les richesses inexpliquées (modification de la Loi sur la confiscation de biens obtenus ou utilisés criminellement et de la Loi sur les corporations)SM 2024, c. 19
Bill 31 The Captured Carbon Storage Act/Loi sur le stockage de carbone captéSM 2024, c. 20
Bill 33The Change of Name Amendment Act (3)/Loi no 3 modifiant la Loi sur le changement de nomSM 2024, c. 21
Bill 34 The Liquor, Gaming and Cannabis Control Amendment Act/Loi modifiant la Loi sur la réglementation des alcools, des jeux et du cannabisSM 2024, c. 22
Bill 36The Regulated Health Professions Amendment Act/Loi modifiant la Loi sur les professions de la santé réglementéesSM 2024, c. 23
Private Members’ – Public Bills
Passed
Bill 201The Manitoba Emblems Amendment Act (Provincial Stone)/Loi modifiant la Loi sur les emblèmes du Manitoba (désignation de la pierre provinciale)SM 2024, c. 24
Bill 202The Community Foundation Day Act (Commemoration of Days, Weeks and Months Act Amended)/Loi sur la Journée des fondations communautaires (modification de la Loi sur les journées, les semaines et les mois commémoratifs)SM 2024, c. 25
Bill 207 The Islamic Heritage Month Act (Commemoration of Days, Weeks and Months Act Amended)/Loi sur le Mois du patrimoine islamique (modification de la Loi sur les journées, les semaines et les mois commémoratifs)SM 2024, c. 26
Bill 208The Two-Spirit and Transgender Day of Visibility Act (Commemoration of Days, Weeks and Months Act Amended)/Loi sur la Journée de visibilité bispirituelle et transgenre (modification de la Loi sur les journées, les semaines et les mois commémoratifs)SM 2024, c. 27
Bill 211The Drivers and Vehicles Amendment Act (Manitoba Parks Licence Plates)/Loi modifiant la Loi sur les conducteurs et les véhicules (plaques d’immatriculation des parcs du Manitoba)SM 2024, c. 28
Bill 212The Asian Heritage Month Act (Commemoration of Days, Weeks and Months Act Amended)/Loi sur le Mois du patrimoine asiatique (modification de la Loi sur les journées, les semaines et les mois commémoratifs)SM 2024, c. 29
Child Abuse Prevention Initiative Will Help Keep Children Safe, May 9, 2024 – “The governments of Canada and Manitoba have partnered with the Canadian Centre for Child Protection (C3P) to create a model for early childhood educators to help detect and prevent child abuse in Canada…”
Manitoba Government Establishes Endowment Fund to Support MMIWG2S+ Families, May 5, 2024 – “The Manitoba government is establishing a new $15-million endowment fund to enable a grant program offering supports to families of missing and murdered Indigenous women, girls and two-spirit (MMIWG2S+) relatives, Families Minister Nahanni Fontaine, minister responsible for women and gender equity…”
Governments of Canada, Manitoba Announce Partnership to Develop a Red Dress Alert Together with Indigenous Partners, May 3, 2024 – “…[A]s we announce this partnership to co-develop a Red Dress Alert system with Indigenous partners, we take the next steps towards bringing more Indigenous women, girls, two-spirit and gender-diverse people home, and we redouble our efforts to addressing the root causes of this crisis of violence – as we work to put it to an end.” — Federal Crown-Indigenous Relations Minister Gary Anandasangaree
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 Act – Establishes 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.
Bill 300 The Winnipeg Foundation Amendment Act – Amended 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.
Manitoba Government Cracking Down on Organized Crime, Drug Traffickers April 5, 2024 – “[The] government is cracking down on drug traffickers and organized criminals by making it easier for police to proactively investigate their assets, seize the proceeds of crime and strike a financial blow to their organizations…”
Manitoba Government Modernizing Services to Make Life Easier for Manitoba Families March 15, 2024 – “The Manitoba government has entered into an agreement with the Government of Canada to allocate $1.5 million toward the implementation of an electronic death registration system within the Manitoba’s Vital Statistics Branch, Consumer Protection and Government Services…”
Manitoba Government Back to Session, Ready to Deliver March 6, 2024 – “The Manitoba government is working to fix health care, make people and communities safer, and grow the economy with strong protections for workers, Premier Wab Kinew shared…”
Bill 8 The Safe Access to Abortion Services Act – creates access zones for clinics and prescribed facilities that provide abortion services and for residences of providers of those services.
Bill 10 The Advanced Education Administration Amendment Act – reduces funding to an educational institution that fails to adopt and implement a sexual violence policy that meets the requirements of the Act.
Bill 13 The Emergency Medical Response and Stretcher Transportation Amendment Act – enables licences to be issued to operators of different parts of an air emergency medical response system. In these circumstances, the licence holders must enter into an agreement with each other regarding the operation of the entire system.
A credit union may terminate a member’s membership without a resolution of directors if the member has engaged in conduct that is abusive, discriminatory or a threat to the health or safety of others in the member’s dealings with the credit union.
A credit union may request that the Registrar advise whether the credit union has the authority to make a by-law before having it considered at a meeting of members of the credit union.
A director nomination proposal must be submitted before a meeting of members in order to be considered at the meeting.
A credit union is no longer required to make a members register available for examination at a meeting of members.
Bill 17 The Workplace Safety and Health Amendment Act – re-establishes the Advisory Council on Workplace Safety and Health. The council is appointed by the minister and advises the minister on matters relating to the Act and its administration.
Bill 19 The Drivers and Vehicles Amendment Act – the provisions dealing with written off, salvageable and irreparable motor vehicles will now apply to heavy trailers.
Bill 20 The Highway Traffic Amendment Act – a person who fails to have an ignition-interlock device installed in their vehicle can no longer appeal the suspension of their licence or their participation in the ignition-interlock program.
Bill 203 The Occupiers’ Liability Amendment 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.
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
Government Bills
Introduced
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 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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