Manitoba Legislation Updates

With the beginning of the Fourth session of the 41st Legislature on November 20th, comes a slate of new bills. 

Government bills: 

Private Members’ Bills:

You may have noticed there are some missing numbers in the bills. I can’t say for certain, but I believe those numbers have been reserved for bills that are in the midst of being finalized. Watch for Bills 5, 6, 203 and 206 to appear later in the session. 

Legislative Updates – Speech from the Throne

Yesterday marked the beginning of the 4th Session of the 41st Legislature. Lt.-Gov. Janice Filmon delivered the Speech from the Throne, where the government set out its priorities for this session. 

Select highlights:

  • Improving accountability for results in the justice system and beginning in 2019, reporting annually on key measures such as recidivism rates, time to disposition of offences and custody counts;
  • Introducing an Immediate Roadside Prohibition Program to allow police to address lower-level alcohol-related cases more quickly using administrative penalties;
  • Enhancing supports for victims of domestic violence with two new pilot programs and introducing legislation to pilot a first-in-Canada family resolution service;
  • Helping keep children and families together and bringing forward legislative changes to The Child and Family Services Act and The Child and Family Services Authorities Act;
  • Bringing forward legislative amendments to allow the safe testing of autonomous vehicles on provincial roads. 

You can read more at the Government of Manitoba’s news release and the Speech from the Throne

Legislative Updates

With the end of the third session, 41st Legislature, the following bills received Royal Assent on November 8, 2018: 

The following bills were not proceeded with: 

  • Bill 28: The Public Sector Construction Projects (Tendering) Act
  • Bill 30: The Statutes Correction and Minor Amendments Act, 2018
  • Bill 200: The Planning Amendment Act
  • Bill 201: The Manitoba Conservation Officers Recognition Day Act
  • Bill 203: The Insurance Amendment Act
  • Bill 204: The Electoral Divisions Amendment Act
  • Bill 206: The Brookside Cemetery Recognition Act
  • Bill 207: The Legal Profession Amendment Act (Queen’s Counsel Appointments)
  • Bill 209: The Gift of Life Act (Human Tissue Gift Act Amended)
  • Bill 210: The Manitoba Public Insurance Corporation Amendment Act
  • Bill 214: The Workplace Safety and Health Amendment Act
  • Bill 215: The Election Financing Amendment Act
  • Bill 216: The Human Rights Code Amendment Act
  • Bill 218: The Prompt Payments in the Construction Industry Act
  • Bill 222: The Residential Tenancies Amendment Act (Protecting Tenants from Rising Utility Costs)
  • Bill 224: The Public Schools Amendment Act (No Disclosure Without Consent)
  • Bill 225: The Human Rights Code Amendment Act (Genetic Characteristics)
  • Bill 227: The Animal Care Amendment Act (Dog Breeding and Exotic Animals)
  • Bill 232: The Efficiency Manitoba Amendment Act

To check when these bills come into effect, click here.

In addition, the Government of Manitoba proclaims the following:

With the advice and consent of the Executive Council of Manitoba, we name December 17, 2018, as the day on which The Film and Video Classification and Distribution Act (S.M. 2018, c. 11) comes into force.

Before this enactment, films were regulated under The Amusements Act. This Act establishes a new regulatory framework for the classification and distribution of films and other forms of prerecorded moving visual images, such as rental videos and video games.

The Manitoba Film Classification Board is dissolved and a director appointed for the purpose of the new Act.

The director must classify theatrically released films and adult films sold, rented or otherwise made available to the public (other than by the Internet or cable or satellite television). Distributors of such films must be licensed. With Cabinet approval, the director may enter into an agreement whereby classification and licensing determinations of another government or government agency apply in Manitoba.

Video games, videos and non-theatrically released films must be classified and the classification indicated as provided for in the regulations.

New Display: The Legalization of Cannabis in Canada

With the official legalization of cannabis across Canada on October 17, 2018 we decided to compile some resources to help you and your clients navigate the new and important changes to the Provincial and Federal Legislation.

Manitoba Resources                        

Legislation Changes*

The Cannabis Harm Prevention Act (Various Acts Amended) S.M. 2017, c. 22

The Child Sexual Exploitation and Human Trafficking Act C.C.S.M. c. C94

The Drivers and Vehicles Act C.C.S.M. c. D104

The Highway Traffic Act C.C.S.M. c. H60

The Mental Health Act C.C.S.M. c. M110

The Smoking and Vapour Products Control Act, C.C.S.M. c. S150

The Off-Road Vehicles Act C.C.S.M. c. O31

The Public Schools Act C.C.S.M. c. P250

Web Resources

Cannabis in Manitoba

Manitoba Laws

Federal Resources

Legislation Changes*

The Cannabis Act

Criminal Code

Controlled Drugs and Substances Act

Web Resources

Cannabis Laws and Regulations

Frequently Asked Questions: Drug-Impaired Driving Laws

Cannabis in Canada: Get the Facts

Text

Wigmore on Cannabis by James G. Wigmore (Available to Members of the Law Society of Manitoba on desLibris behind the Member’s Portal.)

*This is a small list of recent legislation changes that have changed with the legalization of Cannabis in Canada. This is not a complete list of legislation changes and is current to October 17, 2018.

Legislative Updates: New Proclamations

The Government of Manitoba proclaims the following:

1. The Planning Amendment Act (Improving Efficiency in Planning) (s. 25). 

With the advice and consent of the Executive Council of Manitoba, we name October 15, 2018, as the day on which section 25 of The Planning Amendment Act (Improving Efficiency in Planning) (S.M. 2018, c. 14) comes into force.

This Act amends The Planning Act.

2. The Drivers and Vehicles Amendment and Highway Traffic Amendment Act (whole Act except s. 9 and 10)

With the advice and consent of the Executive Council of Manitoba, we name November 1, 2018, as the day on which The Drivers and Vehicles Amendment and Highway Traffic Amendment Act (S.M. 2018, c. 12), except sections 9 and 10, comes into force.

This Act amends The Drivers and Vehicles Act to make the offence of careless driving under The Highway Traffic Act an offence that must be reported to the Registrar of Motor Vehicles. The report enables the Registrar to proceed with driver improvement measures if warranted.

The Act also amends The Highway Traffic Act to require a three-day roadside licence suspension when a driver is charged with prohibited use of a cell phone or similar hand-held communication device while driving. For a second or subsequent offence in a 10-year period, the suspension period is increased to 7 days.

A driver whose licence is suspended receives a temporary driving permit valid until the end of the next day. The suspension for that person takes effect once the temporary permit expires.

The suspension may not be appealed to the Registrar of Motor Vehicles or to the Licence Suspension Appeal Board.