Legislative Update – New Proclamation

The Government of Manitoba proclaims the following:

With the advice and consent of the Executive Council of Manitoba, we name January 25, 2018, as the day on which The Efficiency Manitoba Act (S.M. 2017, c. 18), except for sections 37, 44 and 49, comes into force.

The purpose of the act is to establish Efficiency Manitoba Inc. Efficiency Manitoba’s mandate is to achieve electrical energy savings of 1.5% annually and natural gas savings of 0.75% annually during the first 15 years of operation. For more information see the explanatory note at the beginning of the act.

 

Legislative Update – New Proclamation

The Manitoba Government has issued the following proclamation:

With the advice and consent of the Executive Council of Manitoba, we amend the proclamation issued on November 9, 2016, in respect of the coming into force of The New Home Warranty Act (S.M. 2013, c. 23) by striking out “January 1, 2018” and substituting “January 1, 2020”.

This Bill ensures that all new homes built for sale are covered by a warranty against defects in materials, labour and design and structural defects, and requires home builders and warranty providers to be registered.

 

Manitoba Queen’s Bench Rules, amended

Manitoba’s civil Queen’s Bench Rules are undergoing a significant amendment effective January 1, 2018. As noted in Chief Justice Joyal’s practice direction issued on November 8, 2017, the new rules and practices involve four major changes:

  1. Judicial involvement in managing cases;
  2. Trial scheduling;
  3. Judicially assisted dispute resolution (JADR); and
  4. Summary judgment.

Prior to the enforcement date, you can review the unconsolidated amendment which was registered October 2, 2017.

If you rely on the print looseleaf edition of the rules, Prof. Busby’s Manitoba Queen’s Bench Rules Annotated, make sure you check Manitoba Law’s website for an up-to-date version until the print edition is updated.

 

Legislative Update – New Proclamations

The Government of Manitoba has issued the following proclamations:

The Legislative Security Act (whole act)S.M. 2017, c. 17. In force effective October 7, 2017.

This Act deals with security in the legislative precinct, which is the area that covers the Legislative Building and the grounds around the Legislative Building.

The Speaker of the Assembly has ultimate responsibility for security for the Legislative Assembly. The Speaker and the Minister of Justice are to enter into an arrangement respecting the provision of security in the legislative precinct. This arrangement must establish a process for selecting a director of legislative security. The director of legislative security is responsible for providing direction to legislative security officers who will provide security services in the legislative precinct.

Security officers may screen people entering the Legislative Building for weapons. A person who is not authorized to possess a weapon in the Legislative Building may be denied entry and have their weapon seized. Security officers may evict a person from the legislative precinct if the person engages in conduct that threatens safety in the legislative precinct or interferes with the operation of the Assembly.

Amendments are made to The Drivers and Vehicles Act to authorize the Registrar of Motor Vehicles to disclose certain vehicle licensing records to a legislative security officer.

A consequential amendment is made to The Legislative Assembly Management Commission Act.

The Fatality Inquiries Amendment Act (whole act), S.M. 2017, c. 15. In force effective November 1, 2017.

The Fatality Inquiries Act requires the reporting of sudden or unexpected deaths and deaths that occur in specified circumstances. An inquiry must be conducted into all reported deaths. A medical examiner must conduct an investigation into a death if the inquiry raises questions about the manner or cause of death. The chief medical examiner may arrange for a judicial inquest to be held to examine the circumstances of a death and make recommendations to prevent deaths in the future.

Inquiries and investigations

This Act clarifies the roles of investigators and medical examiners; specifies who has responsibility for taking control of a  body that is the subject of an inquiry; and authorizes inquiries into deaths of Manitoba residents that occur outside Manitoba.

Inquests

Amendments in this Act clarify when an inquest into a death is to be held. An inquest must be held if a person died as the result of the use of force by a peace officer. There is a presumption that an inquest is to be held if a person dies while in custody or while residing in specified provincial facilities. However, an inquest is not required in such cases if the death was due to natural causes and was not preventable or if there was no connection between the death and the supervision or care provided to the deceased. The chief medical examiner is not required to arrange for an inquest in specified situations.

The manner in which an inquest is called is updated. The amendments clarify the roles of the judge presiding at an inquest and counsel for the inquest. The ability of the Minister of Justice to call an inquest or have an active role in relation to matters under the Act is removed.

Act updated

Several provisions are rewritten or reorganized to improve readability. Outdated provisions are repealed. Consequential amendments are made to The Vital Statistics Act.