Legislative Update

by George Roy | Apr 20, 2020 | Bill Status, Legislation, New Bills

Second Session, Forty-Second Legislature

Passed

Government Bills

• Bill 4: The Manitoba Hydro Amendment Act
• Bill 15: The Liquor, Gaming and Cannabis Control Amendment and Manitoba Liquor and Lotteries Corporation Amendment Act
• Bill 30: The Fisheries Amendment, Forest Amendment and Provincial Parks Amendment Act
• Bill 54: The Emergency Measures Amendment Act  (amendment(s) adopted at Committee Stage)

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

• Bill 200: The Municipal Assessment Amendment Act

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

by George Roy | Mar 25, 2020 | Bill Status, Legislation, New Bills

2nd session, 42nd legislature

New Bills

Government Bills

Bill 34: The Budget Implementation and Tax Statutes Amendment Act, 2020 – This Bill implements various tax and other measures announced in the 2020 Manitoba Budget. Additional amendments implement and support the budget.

Bill 35: The Climate and Green Plan Implementation Act, 2020 – This Bill enacts a new Act and substantially amends four others to implement carbon pricing in Manitoba.

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 39: The Horse Racing Regulatory Modernization Act (Liquor, Gaming and Cannabis Control Act and Pari-Mutuel Levy Act Amended) – This Bill amends The Liquor, Gaming and Cannabis Control Act to transfer responsibility for the regulation of all types of horse racing in Manitoba to the Liquor, Gaming and Cannabis Authority of Manitoba (“the Authority”).

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 43: The Civil Service Superannuation Amendment Act – This Bill makes a number of changes to The Civil Service Superannuation Act.

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.

 Bill 48: The Planning Amendment and City of Winnipeg Charter Amendment Act – This Bill amends The Planning Act and The City of Winnipeg Charter to provide for planning regions and to make local land use decisions subject to appeal to the Municipal Board.

Bill 49: The Building and Electrical Permitting Improvement Act (Various Acts Amended and Permit Dispute Resolution Act Enacted) – This Bill enacts a new Act and amends two other Acts. Schedule A enacts a new Act to resolve disputes related to building and electrical permits. Schedule B makes a number of changes to The Buildings and Mobile Homes Act. Schedule C makes two major changes to The Manitoba Hydro Act.

Bill 53: The Interim Appropriation Act, 2020

Check the Bill Status to follow the legislative process.

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.