Bill 220The 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.
SM 2015, c. 45The Real Estate Services Act (whole Act) proclaimed to come into force on January 1, 2022.
SM 2018, c. 7The 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. 21The 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.
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 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.
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. 13proclaimed 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.
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.
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 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.
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.
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.”
Click here for the last update from the Manitoba Legislative Assembly
Bill 36: The Water Resources Administration Amendment Act – This Bill amends The Water Resources Administration Act to provide the government with increased powers to manage water control works and protect provincial water infrastructure.
Bill 37: The Reducing Red Tape and Improving Services Act, 2020 – This Bill amends several Acts and repeals five Acts to reduce or eliminate regulatory requirements or prohibitions, to streamline government operations and to eliminate committees.
Bill 38: The Consumer Protection Amendment Act – This Bill amends The Consumer Protection Act. The direct sale of furnaces, air conditioners, windows and other household systems and supplies is prohibited. Leases for household systems and supplies or for any product bought through a direct sale cannot be for an indefinite term.
Bill 40: The Election Financing Amendment and Elections Amendment Act (Government Advertising) – Amendments are made to change the restrictions on government advertising set out in The Election Financing Act. Coordinated amendments are made to The Elections Act and The Election Financing Act to require that the restrictions on government advertising be in place for at least 32 days before a non-fixed date election is called.
Bill 41: The Advanced Education Administration Amendment Act – This Bill amends The Advanced Education Administration Act to enable the minister to issue guidelines concerning tuition fees and student fees charged by universities. For colleges, these fees may be set by regulation.
Bill 42: The University College of the North Amendment Act – This Bill enables the University College of the North to make by-laws about parking on property that is under the control of the college.
Bill 44: The Public Utilities Ratepayer Protection and Regulatory Reform Act (Various Acts Amended) – This Bill amends various Acts. The governance and funding provisions for the Public Utilities Board (the “PUB”) are changed. A new legislative framework is established for the regulation of electricity rates, natural gas rates and basic auto insurance rates, as well as water and wastewater rates within the City of Winnipeg. Other adjustments are made to the PUB’s mandate.
Bill 45: The Public Health Amendment Act (Food Safety and Other Amendments) – This Bill amends The Public Health Act to deal with food safety by, establishing a duty to serve safe food; expanding powers to seize unsafe food; clarifying inspection powers related to food; and expanding regulation-making powers for starting and operating a food establishment.
Under a technology testing permit, a vehicle or a new vehicle technology can be exempted from certain highway traffic law requirements.
A vehicle operated under such a permit may also be exempted from being insured through Manitoba Public Insurance. MPI may recover from the permit holder the costs of property damage and personal injury benefits paid out as a result of an at-fault accident caused by the vehicle.
Bill 28: The Legal Profession Amendment Act – amends The Legal Profession Act to expand the range of people who can provide legal services beyond lawyers.
The Law Society of Manitoba may issue a limited practice certificate that authorizes a person who is not a lawyer to engage in a limited law practice, subject to conditions and restrictions set out in the rules and regulations. These limited practitioners must meet education and training requirements and are regulated by the Law Society.
The Legal Profession Act currently allows specified persons who are not lawyers to perform certain legal functions identified in the Act. The amendments allow the Law Society to make rules that permit specified classes of people who are not lawyers to provide the legal services set out in the rules. The Law Society may impose conditions and restrictions on people who are permitted to provide those legal services.
The Municipal Assessment Act is amended to exempt regional libraries from municipal taxation except for local improvements. The Municipal Councils and School Boards Elections Act is amended. The council size provisions in The Brandon Charter, The Flin Flon Charter, The Portage la Prairie Charter and The Thompson Charter are repealed. Instead, the municipalities may determine their own council size in accordance with The Municipal Act.
The Forest Act and The Provincial Parks Act are amended to enable private parties to issue licences and permits. Both Acts are amended to provide regulatory authority to issue licences and permits using the Internet.
A requirement in The Fisheries Act that all licences must be signed is removed so that licences may be issued in an electronic format.
Bill31: The Human Rights Code Amendment Act: amends The Human Rights Code. The Manitoba Human Rights Commission’s current responsibilities for administering complaints will now be carried out by the Commission’s executive director. The power to dismiss complaints is broadened and made available before an investigation. If the executive director terminates proceedings or dismisses a complaint on certain grounds, the complainant may ask the Commission to review the decision.
An adjudicator must follow a time limit when holding a hearing and issuing a decision and may make certain orders and decisions on an oral basis before issuing them in writing. A $25,000 cap on damages for injury is established as well as factors to consider when awarding such damages. A different adjudicator may be appointed to explore settlement with the parties before a hearing.
The Bill also clarifies and modernizes existing wording in the Code as well as certain notice requirements.
Bill32: The Administrative Tribunal Jurisdiction Act: establishes The Administrative Tribunal Jurisdiction Act. This Act addresses the ability of administrative tribunals to decide questions of constitutional law. An administrative tribunal cannot decide a question of constitutional law unless the tribunal has been designated by regulation as having jurisdiction to decide that question.
A person who intends to raise a question of constitutional law in a proceeding that is to be decided by a designated administrative tribunal must give notice to specified recipients before the start of the proceeding. The Attorney General of Canada and the Attorney General of Manitoba may make submissions in such a proceeding. Consequential amendments are made to several Acts.
Private Bills
Bill 210: The Wildlife Amendment Act (Protecting Property from Water and Wildlife Damage): amends The Wildlife Act. A municipality, local government district or incorporated community may authorize a person to destroy a beaver lodge or beaver dam, or to remove an obstruction to water flow caused by an accumulation of debris, if it adversely affects local water flow or land use. An authorized person may enter onto affected land for that purpose.
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.
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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