Manitoba Government Reintroduces Bill That Would Modernize Liquor Service LicensingNovember 29, 2022 – “The bill, first introduced in the spring, would modernize the liquor licensing process and reduce red tape and regulatory burdens through regulation, helping the hospitality industry rebound from the impact of the COVID-19 pandemic and current inflationary challenges. The bill would extend the ability to sell liquor with takeout and delivery food orders and make it easier for service models such as wine bars, seasonal and pop-up businesses to obtain licences, the minister noted.”
Manitoba Government Amends Liquor Licensing to Expand Types of Liquor Products Available at Existing RetailersNovember 28, 2022 – “Additionally, craft liquor manufacturers with retail endorsements on manufacturing licences would now be able to expand the liquor products permitted for retail sale at manufacturing locations. For example, a craft brewery that sells its products at its brewery location would now be able to sell other types of alcohol as well.”
The House adjourned on December 1, 2022. The 5th Session of the 42nd Legislature will reconvene on Wednesday, March 1, 2023 at 1:30 p.m.
Introduced
Government Bills
Bill 8 The Off-Road Trails Safety and Maintenance Act – “establishes The Off-Road Trails Safety and Maintenance Act. A person who registers an off-road vehicle must pay an off-road trails fee. The fee is set at $25, but may be changed by regulation. Permits authorizing people to operate snowmobiles on designated provincial snowmobile trails are now dealt with under this Act.
Bill 212The Regulated Health Professions Amendment Act – “This Bill requires the college of a regulated health profession whose members manage labour or delivery of babies to include in its continuing competency program education and training to ensure that no person experiences forced sterilization.”
Bill 215The Non-Disclosure Agreements Act – “establishes The Non-Disclosure Agreements Act to restrict or prohibit the use of non-disclosure agreements as they relate to claims of harassment and discrimination.”
Bill 216The Consumer Protection Amendment Act (Right to Repair Electronic Products) – “amends The Consumer Protection Act. A manufacturer must make the items necessary to maintain and repair its electronic products available to consumers and repair businesses at a reasonable price. If not, the manufacturer must replace the electronic product at no charge or refund the purchase price when requested to do so by the purchaser.
Bill 213The Animal Care Amendment Act – ” This Bill amends The Animal Care Act to prohibit leaving a companion animal, such as a dog, in an unattended vehicle if the temperature in the vehicle is dangerously hot or cold for the animal. If the exterior temperature is more than 22 degrees C or less than -10 degrees C, it is presumed that the temperature inside the vehicle is dangerous for the animal. An officer is authorized to use force to enter a locked vehicle to remove an animal if they use the minimum necessary force, report the entry to an animal protection officer and remain with the animal until an animal protection officer arrives on the scene or provides instructions.” SM 2022, c. 54
Manitoba Government Introduces Official Time Amendment ActNovember 17, 2022 – “The Manitoba government is proactively introducing the Official Time Amendment Act, which would allow the province to consider adopting permanent daylight saving time should neighbouring jurisdictions enact similar legislation and the majority of Manitobans support this change.”
Recent Bill Activity
Government Bills
Introduced
Bill 2 The Official Time Amendment Act – “amends The Official Time Act to discontinue the seasonal time change for daylight saving time.”
Bill 3 The Vital Statistics Amendment Act (Name Registration) – “amends how a name may be expressed under The Vital Statistics Act. The letters, including marks above and below letters, and other typographical symbols permitted to be used in a name are set out in the Act, and additional ones may be set out in the regulations. The restriction on the number of names that may be included in a surname is removed. In accordance with a person’s traditional culture, a person may be registered under a single name instead of having both a given name and a surname. A registration that included a letter or typographical symbol that is now permitted is validated.”
Bill 5 The Demise of the Crown Act (Various Acts Amended) – mends several statutes to deal with the demise of the Crown. The chief legislative counsel is given a revision power to make changes to other Acts and regulations to reflect the change of sovereign.
Bill 6 The Manitoba Public Insurance Corporation Amendment Act – “makes several amendments to The Manitoba Public Insurance Corporation Act. The corporation is not required to pay benefits to a resident of a jurisdiction other than Manitoba if there is an interjurisdictional agreement that exempts the corporation from providing benefits to residents of that jurisdiction. Currently, an accident victim 65 years or older is entitled to an income replacement indemnity only if they are employed at the time of the accident. The entitlement is broadened to also apply if the victim has a job offer or a history of seasonal, casual or temporary employment. The corporation is authorized to pay funds in trust to a person to manage on behalf of a victim with impaired cognitive functioning, even if no formal committee or substitute decision maker has been appointed for the victim. The corporation’s ability to recover overpayments is strengthened.”
Bill 201 The Residential Tenancies Amendment Act – “amends The Residential Tenancies Act. The Act currently establishes a process to set the maximum rent increase that may be charged for most rental units and allows landlords to apply for an order that authorizes rent increases above this amount. This Bill prevents landlords from applying for a larger rent increase unless the landlord has incurred eligible capital expenditures or there has been an extraordinary increase in taxes, utilities or security service costs. Larger rent increases cannot be charged until an order has been made that authorizes the increased rent. Landlords are prevented from removing or reducing rent discounts for one year after an application for a larger rent increase is made and from applying for a larger rent increase within one year after removing or reducing a rent discount.
Bill 202 The Abortion Protest Buffer Zone Act – ” establishes The Abortion Protest Buffer Zone Act. Access zones are created for clinics and facilities that provide abortion services and for service providers. Certain activities are prohibited within these zones. Certain activities are prohibited on school sites and within 50 metres of school sites.”
Bill 204 The Drivers and Vehicles Amendment Act (Licence Plates for MMIWG2S Awareness) – “amends The Drivers and Vehicles Act. It permits an organization to apply to the Registrar of Motor Vehicles to make a licence plate available that includes the abbreviation “MMIWG2S”, meaning missing and murdered Indigenous women, girls and two-spirit people. The plate must also bear a graphic depicting a red hand or a red dress.”
Bill 205 The Restricting Mandatory Overtime for Nurses Act (Various Acts Amended) – “amends The Employment Standards Code to establish a separate overtime regime for nurses by January 1, 2024. Nurses are not obligated to work overtime in non-urgent circumstances. Amendments to The Licensed Practical Nurses Act and The Regulated Health Professions Act provide that a refusal by a nurse to work overtime in non-urgent circumstances does not constitute professional misconduct or breach the duty of care owed to their patient. This Bill also amends The Health Administration Act to require the minister to report twice a year to the Assembly about nurse position vacancies.”
Bill 206 The Louis Riel Act – “This Bill bestows the honorary title of “First Premier of Manitoba” on Louis Riel. The Bill requires the Manitoba education curriculum to include the significant contributions of Louis Riel.”
Bill 207 The Criminal Property Forfeiture Amendment Act – “This Bill amends The Criminal Property Forfeiture Act. 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 208 The Protecting Youth in Sports Act – “establishes The Protecting Youth in Sports Act. A sports organization or association that receives government funding, a school division or an independent school must ensure that every coach; completes training in the prevention of sexual abuse, harassment, abuse and bullying in sport before commencing coaching youths; and undertakes not to host a young athlete in the coach’s home without prior permission of the athlete’s parent and, in the case of a student participating in an extra-curricular athletic activity, the principal of the student’s school.
Bill 209 The Manitoba Hydro Amendment Act (Referendum Before Privatization of Subsidiary) – “amends The Manitoba Hydro Act. Currently, the government may introduce a bill to privatize Manitoba Hydro only after a referendum has been held in which the majority of voters have approved the privatization. The amendment clarifies that the referendum requirement also applies to the privatization of any subsidiary of Manitoba Hydro.”
Bill 45 The Budget Implementation and Tax Statutes Amendment Act, 2022 – “This Bill implements various tax and other measures announced in the 2022 Manitoba Budget. Additional amendments implement and support the summary budget and make various amendments to tax legislation.”
Bill 46 The Highway Traffic Amendment Act – “This Bill amends The Highway Traffic Act to give peace officers specific authority to close highways due to road conditions, visibility and other emergency situations. The amendments also give traffic authorities the specific authority to close roads for emergencies and road work. Driving on a closed highway is made an offence.”
Bill 241 The Drivers and Vehicles Amendment Act (Licence Plates for MMIWG2S Awareness) – ” permits an organization to apply to the Registrar of Motor Vehicles to make a licence plate available that includes the abbreviation “MMIWG2S”, meaning missing and murdered Indigenous women, girls and two-spirit people. The plate must also bear a graphic depicting a red hand or a red dress.”
April 22, 2022 – Manitoba Government proclaims new Public Service Act “The Manitoba Public Service Commission advises the Manitoba government has proclaimed the Public Service Act (PSA) to replace the Civil Service Act.
…the PSA provides a legislative framework for an ethical and effective public service for Manitoba by setting out fundamental values such as transparency, accountability, integrity and respect for others. It provides a modern and innovative approach to workforce management supported by a code of conduct and an action plan that strengthen the foundation for a dynamic public workforce.” More information can be found here.
May 2, 2022 – Manitoba government enacts accessible information and communication standard regulation “The Accessible Information and Communication Standard Regulation is the third standard under the Accessibility for Manitobans Act. It reduces barriers related to accessing information provided in print, in-person, on websites or in other formats. Standards have been put in place previously for accessible customer services and employment.” Read the full news release here.‘
221 The Apprenticeship and Certification Amendment Act (Apprenticeship Supervision) – The Apprenticeship and Certification Act. Currently, the number of apprentices a journeyperson may supervise is set by regulation. This Bill requires a 1 to 1 supervision ratio for most trades. A trade may continue to have a greater number of apprentices supervised by a journeyperson if a higher ratio is set by regulation for that trade before this Bill takes effect.
229 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.
230 The Budget Impact Reporting Act – establishes The Budget Impact Reporting Act. The Minister of Finance must report on the effects of the government’s budget decisions on economic and social inclusion and greenhouse gas emissions in Manitoba.
232 The Catalytic Converter Identification Act – requires a motor vehicle dealer to mark the vehicle identification number for every vehicle sold by the dealer on that vehicle’s catalytic converter. Amendments to Bill 9, The Scrap Metal Act, require scrap metal dealers who purchase a catalytic converter with a vehicle identification number on it to record that number and provide it to police and Manitoba Public Insurance.
233 The Engineering and Geoscientific Professions Amendment Act – amends the Engineering and Geoscientific Professions Act with new responsibilities of the registrar, specifies scope of practice licensees, changes to continuing professional development, and appeals.
235 The Public Schools Amendment Act (Nutrition Programs) – amends The Public Schools Act to require the minister to report each year by school division and school district on the schools that provided a nutrition program during the previous fiscal year. The minister must table the report in the Assembly and make it available to the public.
2nd Reading
234 The Drug-Related Death Bereavement Day Act – proclaims the Sunday before Mother’s Day of every year as Drug-Related Death Bereavement Day, a day to reflect on the impact of drugs in Manitoba and to grieve those lost to drugs.
The Province has announced that the 2022 provincial budget will be delivered on Tuesday, April 12, 2022. The budget will focus on strengthening healthcare, cost of living, community investment, and the environment. Over 51 000 Manitobans were surveyed as part of the Government’s budget consultation process. Read more here.
Introduced
Government Bills
Bill 29The Mennonite College Federation Amendment Act – This Bill amends The Mennonite College Federation Act to reflect the evolution of the Mennonite College Federation into the Canadian Mennonite University.
Bill 30The Police Services Amendment and Law Enforcement Review Amendment Act – The Law Enforcement Review Act is amended by this Bill to extend the time for filing complaints under that Act from 30 days to 180 days. The Bill also establishes The Manitoba Criminal Intelligence Centre (“MCIC”). The Director of Policing may establish standards respecting police service operations, facilities and equipment.
Bill 32The Victims’ Bill of Rights Amendment Act – This Bill amends The Victims’ Bill of Rights to enable the director to pay compensation to the family members of a victim despite the victim’s conviction for certain offences. Currently, family members are ineligible if the victim’s criminal record includes a conviction for any of those offences.
An amendment is also made to allow a victim in a sexual assault case to receive, at no cost, independent legal representation if the victim’s personal information is sought to be used as evidence by the accused.
Bill 33The Municipal Assessment Amendment and Municipal Board Amendment Act – The Municipal Assessment Act is amended to enable a municipality to post assessment information determined by the assessor online; and permit notices and other documents to be sent electronically and to determine when such notices and documents are considered to be received.
The Municipal Board Act is amended to enable the Municipal Board to assist parties in resolving matters without a hearing. Statutory time limits for the board to hear and determine a matter may be extended for up to 60 days to give the board time to provide this assistance. The board is given the power to dismiss a matter without a hearing in certain circumstances and administrative amendments are made concerning filing notices of appeal with the board.
The key changes to The City of Winnipeg Charter are as follows.
Individuals who are not employees of the city may be appointed to act as inspectors and issue orders to remedy contraventions.
The city may serve certain compliance orders and demolition orders by substitutional service, as directed by the district registrar for the Winnipeg Land Titles Office, if it is not reasonably possible to serve the order personally.
The city may now require secondary plans to be prepared and submitted by a property owner before certain applications made by the owner for adoption, or amendment to, a zoning by-law or approval of a plan of subdivision are considered.
Timelines for planning appeals are clarified and may be extended with the agreement of the applicant.
The manner for giving notice of public hearings concerning development applications is updated.
The key changes to The Planning Act are as follows.
Timelines for application processing and planning appeals are clarified and may be extended with the agreement of the applicant.
The deadline for appeal to The Municipal Board is changed from 30 days to 14 days for appeals concerning subdivisions, aggregate quarries and large-scale livestock operations.
The expiry date of an approved variance may be extended for up to three years.
Bill 36The Manitoba Hydro Amendment and Public Utilities Board Amendment Act – This Bill amends The Manitoba Hydro Act and The Public Utilities Board Act and makes related amendments to The Crown Corporations Governance and Accountability Act. Amendments to The Manitoba Hydro Act include changes to electricity rates and gas rates, the development of an Integrated Resource Plan, and approval of major new facilities and contracts. Amendments to The Public Utilities Board Amendment Act include changes to board structure, the funding model, the requirement of a business plan from the PUB, and changes to the hiring of staff and consultants.
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