Legislative Update

by George Roy | Mar 12, 2020 | Bill Status, Legislation, New Bills

2nd session, 42nd legislature

New Bills

Government Bills

Bill 23: The Vehicle Technology Testing Act(Various Acts Amended)/Loi sur la mise àl’essai des technologies des véhicules (modification de diverses lois) – amends The Highway Traffic Act, The Insurance Act and The Manitoba Public Insurance Corporation Act to allow for the testing of vehicles with automated driving systems or other new technology.

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 26: The Credit Unions and Caisses Populaires Amendment Act/Loi modifiant la Loi sur les caisses populaires et les credit unions – amends The Credit Unions and Caisses Populaires Act to change the oversight and governance framework for Manitoba’s credit union system. The changes are necessary because the federal Office of the Superintendent of Financial Institutions no longer oversees provincial credit union centrals.

Bill 27: The Highway Traffic Amendment Act (Control of Traffic by Flag Persons)/Loi modifiant le Code de la route (contrôle de la circulation par des signaleurs) – amends The Highway Traffic Act to enable traffic authorities to authorize a flag person to temporarily control traffic on behalf of a third party, such as a festival organizer or a film production company.

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.

Bill 29: The Municipal Statutes Amendment Act – amends eight Acts respecting municipal elections and governance in Manitoba.

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.

Bill 30: The Fisheries Amendment, Forest Amendment and Provincial Parks Amendment Act – amends three Acts to enable licences and permits under these Acts to be issued using the Internet.

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.

Bill 31: 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.

Bill 32: 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.

Passed

Bill 33: The Supplementary Appropriation Act, 2019-2020: authorizes expenditure for the Health Services Insurance Fund.

Check the Bill Status to follow the legislative process.

Legislative Update

by George Roy | Dec 4, 2019 | Bill Status, Legislation, New Bills

2nd Session, 42nd Legislature

New Bills

GOVERNMENT BILLS

Bill 8 The Pension Benefits Amendment Act – amends The Pension Benefits Act with a number of changes made in response to recommendations from the Manitoba Pension Commission. These changes include how pension plan members contribute, determine benefits, withdraw funds, and other important changes.

Bill 9 The Public Services Sustainability Amendment Act – amends The Public Services Sustainability Act by setting the start and duration of a sustainability period by regulation, limiting increases in pay during a sustainability period, giving the minister power to approve modest increases in pay, detailing compensation changes, and other clarifications.

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

Bill 11 The Minor Amendments and Corrections Act, 2019 – corrects typographical, numbering and other drafting errors. It also makes minor amendments to various Acts.

Bill 12 The Workplace Safety and Health Amendment Act – makes the following amendments to The Workplace Safety and Health Act: a discriminatory action is now referred to as a reprisal; the position of the chief prevention officer is eliminated; a referral for a reprisal must now be made to a safety and health officer within six months after the date of the alleged reprisal; an appeal of a decision made by a safety and health officer may be dismissed by the director if the appeal is frivolous or vexatious, or, in the case of a reprisal, if it was not referred to an officer within six months; and maximum fines for offences under the Act are increased.

Bill 14 The Public Sector Construction Projects (Tendering) Act – concerns tenders issued by government and other public sector bodies in relation to construction projects. It 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. Related amendments are included.

Bill 16 The Labour Relations Amendment Act – amends The Labour Relations Act to allow the transition of conciliation and grievance mediation functions to the private sector. The requirement to review provisions of the Act (introduced in 2000) respecting the settlement of subsequent collective agreements is repealed. The Lieutenant Governor in Council is given authority to make regulations setting fees for the various applications that may be made to the Manitoba Labour Board under The Labour Relations Act and other Acts.

Bill 17 The Manitoba Public Insurance Corporation Amendment Act (Claim Dispute Tribunal) – amends The Manitoba Public Insurance Corporation Act to establish the claim dispute tribunal. The tribunal is an independent body that has exclusive jurisdiction to resolve a dispute between an insured person and MPIC concerning vehicle repairs or the amount payable when a vehicle is damaged. In addition, the tribunal may resolve a dispute about MPIC’s determination of liability for an accident or a decision to deny coverage, unless the insured person elects to have those matters determined by the court instead.

Bill 19 The Public Service Act – provides a legislative framework for an ethical and effective public service for Manitoba. The values for an ethical and effective public service are set out in law and supported by codes of conduct, action plans and workforce management policies to be established across the public service. An employers’ council, ministerial directive power for broader public service employers, and consultation opportunities harmonize the delivery of public services in Manitoba.

Bill 21 The Workers Compensation Amendment Act – amends The Workers Compensation Act to deal with the governance of The Workers Compensation Board (“WCB”) and to respond to the 2016-2017 recommendations of the Legislative Review Committee. It includes significant changes to governance, coverage and assessment, compensation, administration, and enforcement.

PRIVATE BILLS

Bill 203 The Climate and Green Plan Amendment Act (Improved Climate Change Targets and Enhanced Ministerial Accountability) – This Bill amends The Climate and Green Plan Act to change how reduction targets for greenhouse gas emissions are established and reported and to reduce ministers’ salaries until the targets are achieved.       

Bill Status

SECOND READING

Bill 7 – The Employment Standards Code Amendment Act – Dec. 2, 2019

Check the Bill Status to follow the legislative process.

Legislative Updates

by George Roy | Oct 16, 2019 | Bill Status, Legislation, New Bills

1st Session of the 42nd Legislature

New Bills

Government Bills

• Bill 3 – The Appropriation Act, 2019 – received Royal Assent and deemed in effect as of October 10, 2019

• Bill 4 – The Loan Act, 2019 – deemed to have come into force on April 1, 2019.

Private Bills

Bill 200 – The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act

Check the Bill Status to follow the legislative process.

2nd reading

• Bill 2 – The Public Services Sustainability Amendment Act
• Bill 200 – The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act

Passed

• Bill 22 – The Business Registration, Supervision and Ownership Transparency Act (Various Acts Amended)  – In effect January 1, 2020
  – amendment(s) adopted at Committee Stage

Legislative Update: New Bills

by George Roy | Oct 8, 2019 | Bill Status, Legislation, New Bills

First Session, Forty-Second Legislature

Government Bills

Bill 2: The Public Services Sustainability Amendment Act

This Bill amends The Public Services Sustainability Act. The key changes are as follows:

• the start date and the duration of a sustainability period for a group of unionized employees may be set by regulation;
• the increases in pay during a sustainability period that is set by regulation cannot exceed the maximum increases currently permitted under the Act;
• the minister may approve a collective agreement that provides for modest increases in additional remuneration;
• compensation changes that reflect sustainability savings identified in the course of collective bargaining may be approved by Treasury Board;
• a collective agreement may be exempted from the Act by regulation;
• references to the Manitoba Health Services Insurance Fund and other funds are removed;
• the recovery of overpayments is clarified.

Bill 22: The Business Registration, Supervision and Ownership Transparency Act (Various Acts Amended)

This Bill amends The Business Names Registration Act, The Cooperatives Act, The Corporations Act and The Partnership Act. The following are the key changes.

Extra-Provincial Registrations

Registrars may enter into agreements with other Canadian jurisdictions respecting the extra-provincial registration of corporations, partnerships and cooperatives. Cabinet may make regulations about these registrations.

Extra-provincial limited partnerships can now be registered in Manitoba.

Extra-provincial limited liability partnerships that have an attorney for service no longer require a registered office in Manitoba.

Supervision of Cooperatives

The Cooperatives Act is amended to authorize the minister to designate a Superintendent of Cooperatives. Those functions of the Registrar of Cooperatives that relate to the supervision over financial matters, the issuing of securities and appeals of membership terminations in a housing cooperative are transferred to the Superintendent. The Registrar is also no longer required to act as an adviser to cooperatives or provide model forms of articles and by-laws to cooperatives.

Ownership Transparency

The Corporations Act and The Cooperatives Act are harmonized with recent changes to federal legislation respecting ownership transparency.

Corporations must maintain a register of individuals who, separately or collectively, exert more than 25% of the shareholder voting rights. Reporting issuers, publicly traded corporations, licensed insurers and loan and trust corporations are exempt from this requirement.

Corporations and cooperatives are no longer allowed to issue options or other instruments that are convertible into bearer form. Holders of such instruments that are in bearer form can require the corporation or cooperative that issued them to convert them into registered form.

*Reinstated from the 4th Session, 41st Legislature

Private Members’ Bills:

Bill 200: The Legislative Assembly Amendment and Legislative Assembly Management Commission Amendment Act

This Bill amends The Legislative Assembly Act and The Legislative Assembly Management Commission Act. The definition “recognized opposition party” and the definition “other opposition party” are changed to include political parties that are represented in the Assembly by two or more members, provided that the party’s candidates received at least 10% of the votes cast in the last general election. Such a party and its members are not immediately entitled to any additional funding, salaries or allowances.

To follow the legislative process, be sure to check Bill Status daily.