Legislative Update

Third Session, Forty-Second Legislature

Government Bills

The full text of previously unpublished bills introduced in the fall are now available.

1st Reading

Bill 46 The Court Practice and Administration Act (Various Acts Amended) – amends several Acts that govern the administration and practice of Manitoba’s courts.

Bill 47 The Early Learning and Child Care Act – replaces The Community Child Care Standards Act. It establishes principles of early learning and child care services that must be considered in the administration of the new Act. Consequential amendments are made to The Child and Family Services ActThe Environment ActThe Income Tax ActThe Municipal Assessment Act and The Social Services Appeal Board Act.

Bill 48 The Fiscal Responsibility and Taxpayer Protection Amendment Act – requires that the government not incur a deficit greater than the baseline amount and penalizes ministers by reducing their salaries if the deficit is not reduced by at least $100 million each year. This Bill amends The Fiscal Responsibility and Taxpayer Protection Act

Bill 49 The Freedom of Information and Protection of Privacy Amendment Act – amends The Freedom of Information and Protection of Privacy Act.

Bill 51 The Limitations Act – replaces The Limitation of Actions Act with a new limitations regime, The Limitations Act.

Bill 52 The Minor Amendments and Corrections Act, 2021 – corrects typographical, numbering and other drafting errors. It also makes minor amendments to various Acts.

Bill 53 The Municipal Statutes Amendment Act (2) – amends four Acts: The Municipal Act, The City of Winnipeg Charter, The Municipal Board Act, and The Planning Act

Bill 54 The Personal Health Information Amendment Act – amends The Personal Health Information Act.

Bill 55 The Reducing Red Tape and Improving Services Act, 2021 – amends several Acts and repeals two Acts to reduce or eliminate regulatory requirements or prohibitions and to streamline government operations.

Bill 56 The Smoking and Vapour Products Control Amendment Act – Under The Smoking and Vapour Products Control Act, areas within federal jurisdiction are exempt from the rules respecting smoking and vaping and the advertising and sale of tobacco and vapour products. This Bill removes the exemption. The Act now applies across Manitoba, subject to other legally recognized exceptions.

Bill 57 The Protection of Critical Infrastructure Act – establishes The Protection of Critical Infrastructure Act. An owner or operator of infrastructure may apply to the Court of Queen’s Bench for an order to respond to interference with infrastructure.

Bill 58 The Criminal Property Forfeiture Amendment Act – amends The Criminal Property Forfeiture Act. This Bill allows the court to make two new orders before forfeiture proceedings begin, adds new presumptions concerning cash, vehicles and other property, and other changes related to disclosure and offences.

Bill 61 The Apprenticeship and Certification Amendment Act – amends The Apprenticeship and Certification Act.

Bill 62 The Animal Diseases Amendment Act – amends The Animal Diseases Act to require a person to obtain consent before entering a biosecurity zone or interacting with animals in such a zone. A biosecurity zone is an area within a livestock operation to which access is tightly controlled to limit the spread of pathogens. Consent is now also required before interacting with animals in transport. This Bill makes it an offence to block or interfere with a vehicle transporting commercial animals.

Bill 63 The Petty Trespasses Amendment and Occupiers’ Liability Amendment Act – amends The Petty Trespasses Act and The Occupiers’ Liability Act. The Petty Trespasses Act is renamed The Trespass Act. Under the current Act, a verbal or written warning is required to make out a trespass offence, unless a property is fully enclosed. This Bill amends the Act so that a warning is no longer required. Under The Occupiers’ Liability Act, an occupier of premises has a limited duty of care to persons driving off-road vehicles or to recreational trail users. This Bill amends the Act to apply the same limited duty of care to anyone 12 years of age or older

Bill 64 The Education Modernization Act – changes the way the education system is governed and delivered in Manitoba. A new Act is enacted and several Acts are amended or repealed.

Bill 67 The Public Health Amendment Act – amends The Public Health Act to enable the chief public health officer to make orders during an epidemic that prevent people from working at more than one hospital, personal care home or other facility. The order may address implementation matters.

2nd Reading

Bill 50 The Legal Aid Manitoba Amendment Act – Currently, the tariff of fees paid to solicitors for providing legal aid is set by regulation under The Legal Aid Manitoba Act. This Bill amends the Act to require the management council of Legal Aid Manitoba to establish the fees.


Check here for the current status of bills.

Legislative Update

Third Session, Forty-Second Legislature

Introduced

Bill 220 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.

Passed

Bill 4 The Retail Business Hours of Operation Act (Various Acts Amended or Repealed)

Bill 7 The Planning Amendment Act

Bill 9 The Opioid Damages and Health Care Costs Recovery Act

Bill 42 The Remote Witnessing and Commissioning Act (Various Acts Amended)

Bill 208 The Wildlife Amendment Act (Protecting Property from Water and Wildlife Damage)

Bill 211 The Employment Standards Code Amendment Act (Unpaid Leave for Reservists)

Bill 218 The Somali Heritage Week Act

Bill 300 The United Church of Canada Amendment Act

Bill 301 The Winnipeg Humane Society Foundation Incorporation Amendment Act

See here for the status of all current bills.

Proclamations

SM 2015, c. 45 The Real Estate Services Act (whole Act) proclaimed to come into force on January 1, 2022.

SM 2018, c. 7 The Community Child Care Standards Amendment Act (Enhanced Powers Respecting Governance and Accountability) (whole Act) proclaimed to come into force on January 1, 2021.

SM 2020, c. 21 The Budget Implementation and Tax Statutes Amendment Act, 2020 (Schedule B — The Manitoba Habitat Heritage Corporation Reorganization Act, section 8) proclaimed in force on February 1, 2021.

Click here for the current status of bills.

Legislative Update

Third Session, Forty-Second Legislature

Government Bills

Passed

Bill 65 The Appropriation Act, 2020

Bill 66 The Loan Act, 2020-2021

Private Bills

Introduced

Bill 208 The Wildlife Amendment Act (Protecting Property from Water and Wildlife Damage) – Currently, a landowner has the right to kill or take certain wildlife in defence of their property. The Bill extends the right to tenants of private or leased Crown land.

Bill 209 The Criminal Property Forfeiture Amendment Act (2) – Currently, money in the criminal property forfeiture fund may be used for programs operated by law enforcement agencies. The Bill enables the money to instead go to non-profit community organizations for social programs, such as affordable housing and restorative justice.

Bill 210 The Personal Protective Equipment Reporting Act – requires a report to be tabled each year in the Legislative Assembly setting out the quantity, and any applicable expiry dates, of personal protective equipment purchased and held by health authorities.

Bill 215 The Provincial Court Amendment Act (Gender-Based Violence Education Requirements) – This Bill amends The Provincial Court Act to require judicial candidates to complete education in sexual assault law.

Bill 216 The Public Health Amendment Act (2) – amends The Public Health Act to repeal the requirement that the chief public health officer obtain the approval of the minister before issuing a public health emergency order.

Bill 301 The Winnipeg Humane Society Foundation Incorporation Amendment Act – changes composition of the board as well as investment requirements.

Second Reading

Bill 211 The Employment Standards Code Amendment Act (Unpaid Leave for Reservists)

See here for the status of all current bills.


Proclamations

The Emergency Medical Response and Stretcher Transportation Amendment Act (section 1, clause 2(a) insofar as it repeals the definition “emergency medical response technician”, sections 4 and 5, clauses 13(1)(a) and (b), and section 16) SM 2017, c. 13, comes into force on December 1, 2020.

The Municipal Assessment Amendment Act (whole Act) SM 2020, c. 13 proclaimed to come into force on January 1, 2021.

The Peatlands Stewardship and Related Amendments Act (sections 8 to 16 and 30; sections 8 to 16 and 30) SM 2014, c. 27 sections 8 to1 6 and 30 proclaimed to come into force November 16 ,2020.

See here for a list of all Proclamations.

Legislative Update

Second Session, Forty-Second Legislature

Passed

Government Bills

First Reading and Passed

  • Bill 54: The Emergency Measures Amendment Act  ( amendment(s) adopted at Committee Stage) – Currently, only the minister or a local authority may make emergency orders to prevent or limit loss of life and damage to property and the environment. This Bill gives the Lieutenant Governor in Council the power to make three types of orders when a state of emergency is declared.
  • Bill 55: The Employment Standards Code Amendment Act – This Bill amends The Employment Standards Code to add a temporary job-protected leave for employees who are unable to work due to circumstances related to the COVID-19 pandemic. The requirement for an employee to provide a certificate from a health professional in respect of a leave provided for in the Code is also temporarily suspended.
  • Bill 56: The Family Maintenance Amendment Act – amends The Family Maintenance Act. It enables maintenance enforcement officials to make more frequent inquiries to determine if a maintenance obligation for an adult child remains eligible for enforcement. In addition, when a request is made for an administrative suspension of a maintenance order, each party is entitled to a copy of material submitted by the other party, with any sensitive information deleted.
  • Bill 57: The Regulated Health Professions Amendment Act – amends The Regulated Health Professions Act to allow a regulated health profession college to re-register former members, without complying with the usual registration requirements, if the minister notifies the college that a threat to public health exists and their assistance is required.
  • Bill 58: The Residential Tenancies Amendment Act – amends The Residential Tenancies Act.
    • Rent is frozen at the amount payable immediately before April 1, 2020.
    • Evictions are limited to specific circumstances that infringe, interfere with or adversely affect the security, safety, health or well-being of other tenants, such as engaging in unlawful activity. This amendment is effective as of March 24, 2020.
    • Late fees for failure to pay rent are prohibited.
  • Bill 59: The Public Health Amendment Act – amends The Public Health Act. New prohibitions or requirements can be made in a public health emergency order to prevent the spread of a communicable disease. Measures to assist in the enforcement of public health emergency orders are added. The fines for failing to comply with public health emergency orders are increased. Additional persons may be authorized by regulation to enforce the Act and orders made under it. Orders made under the Act are not subject to The Statutes and Regulations Act. Orders directed to the public at large may be published on a government website.
  • Bill 60: The Appropriation Act, 2020 (COVID-19 Response)
  • Bill 61: The Loan Act, 2020
  • Bill 62: The Fuel Tax Amendment and Retail Sales Tax Amendment Act – amends The Fuel Tax Act to suspend, for the duration of the 2020 public health emergency, the requirements that a carrier who is not licenced under the International Fuel Tax Agreement pay a tax and obtain a single-trip permit upon entering Manitoba.

Private Bills

Passed

Check here for the current status of bills.

As part of its effort to provide accurate information about COVID-19, the Winnipeg Free Press has released a free article detailing these emergency bills. See here for more details.

Legislative Update

2nd session, 42nd legislature

Notice

Legislature suspended due to Covid-19

From the Legislative Assembly Website: “On March 19, 2020 the Members of the Manitoba Legislative Assembly unanimously agreed to suspend its sittings due to the ongoing public health crisis brought on by the COVID-19 virus and the need for social distancing. Although public access to the Legislative Building has been limited for the same reason, Assembly offices remain open with a reduced staff complement and can be reached through phone or email.”

COVID-19 Update

Click here for the last update from the Manitoba Legislative Assembly

Check here for the current status of bills.