Bill 29 The Body Armour and Fortified Vehicle Control Amendment Act – prohibits hidden compartments being added to a vehicle after it has been manufactured. After-market compartments available for sale to the general public are still permitted.
A vehicle with a prohibited after-market hidden compartment can be seized. The vehicle is forfeited if the owner or a person with a prior registered interest in the vehicle does not pay the costs to seize the vehicle and remove the compartment before a specified deadline.
Vehicles and body armour forfeited under the Act are no longer required to be destroyed.
Bill 30 The Unexplained Wealth Act (Criminal Property Forfeiture Act and Corporations Act Amended) – The court may make an order that requires a person to provide information about how they acquired property or an interest in property if it appears that their known sources of income and assets would not be sufficient to do so and if the person or a closely-related person have been involved in unlawful activity.
The court is to presume, unless the contrary is proven, that
cash is proceeds of unlawful activity if it is mailed or shipped with no information or false information about the sender; and
a building is an instrument of unlawful activity if a controlled substance is found in the building in a quantity or in circumstances consistent with the trafficking of the substance.
Several minor or administrative changes are made to the Act.
Crypto assets such as cryptocurrency are added to the definition of “property”.
The maximum value of property that can be the subject of administrative forfeiture proceedings is increased from $75,000 to $125,000.
The maximum length of interim orders under the Act is extended from 30 days to 60 days.
Notice of administrative forfeiture proceedings must be published on a government website instead of in a newspaper.
Bill 31 The Captured Carbon Storage Act – Establishes a regulatory scheme to enable the safe storage of captured carbon dioxide in geological formations in Manitoba.
Part 2 clarifies that the pore space under the surface of the land, including pore space in which captured carbon may be stored, belongs to the province.
Part 3 sets out a licensing scheme for subsurface carbon storage projects.
Part 4 governs surface and subsurface rights in relation to storage areas. A carbon storage licence and a well licence are conditional on the applicant having the necessary surface and subsurface rights.
Under Part 5, a director is appointed to administer and enforce the Act. Compliance and enforcement measures include the ability to carry out inspections, issue orders, impose administrative penalties and prosecute contraventions.
Under Part 6, appeals from decisions about reservations, licences, permits, orders and administrative penalties may be made to an appeal board.
Bill 33 The Change of Name Amendment Act (3) -Under The Change of Name Act, the Director of Vital Statistics must notify the public when a person changes their name, subject to limited exceptions. The Act is amended to remove that requirement if the reason for the change relates to the individual being transgender, non-binary, gender-diverse or two-spirit Indigenous.
Bill 36 The Regulated Health Professions Amendment Act – Currently under The Regulated Health Professions Act, the council of a college may direct its registrar to cancel a member’s registration or certificate of practice if the member has been convicted of an offence that is relevant to the member’s suitability to practise. The Act is amended to require the council to consider the cancellation at a meeting that is open to the public, with limited exceptions.
Bill 300 The Winnipeg Foundation Amendment Act – Amended in two ways: (1) The mayor of the City of Winnipeg is no longer required to be a member of the board of directors of the Foundation and (2) Audit information about the Foundation’s financial statements must be published on its website.
Manitoba Government Cracking Down on Organized Crime, Drug Traffickers April 5, 2024 – “[The] government is cracking down on drug traffickers and organized criminals by making it easier for police to proactively investigate their assets, seize the proceeds of crime and strike a financial blow to their organizations…”
Manitoba Government Modernizing Services to Make Life Easier for Manitoba Families March 15, 2024 – “The Manitoba government has entered into an agreement with the Government of Canada to allocate $1.5 million toward the implementation of an electronic death registration system within the Manitoba’s Vital Statistics Branch, Consumer Protection and Government Services…”
Manitoba Government Back to Session, Ready to Deliver March 6, 2024 – “The Manitoba government is working to fix health care, make people and communities safer, and grow the economy with strong protections for workers, Premier Wab Kinew shared…”
Bill 8 The Safe Access to Abortion Services Act – creates access zones for clinics and prescribed facilities that provide abortion services and for residences of providers of those services.
Bill 10 The Advanced Education Administration Amendment Act – reduces funding to an educational institution that fails to adopt and implement a sexual violence policy that meets the requirements of the Act.
Bill 13 The Emergency Medical Response and Stretcher Transportation Amendment Act – enables licences to be issued to operators of different parts of an air emergency medical response system. In these circumstances, the licence holders must enter into an agreement with each other regarding the operation of the entire system.
A credit union may terminate a member’s membership without a resolution of directors if the member has engaged in conduct that is abusive, discriminatory or a threat to the health or safety of others in the member’s dealings with the credit union.
A credit union may request that the Registrar advise whether the credit union has the authority to make a by-law before having it considered at a meeting of members of the credit union.
A director nomination proposal must be submitted before a meeting of members in order to be considered at the meeting.
A credit union is no longer required to make a members register available for examination at a meeting of members.
Bill 17 The Workplace Safety and Health Amendment Act – re-establishes the Advisory Council on Workplace Safety and Health. The council is appointed by the minister and advises the minister on matters relating to the Act and its administration.
Bill 19 The Drivers and Vehicles Amendment Act – the provisions dealing with written off, salvageable and irreparable motor vehicles will now apply to heavy trailers.
Bill 20 The Highway Traffic Amendment Act – a person who fails to have an ignition-interlock device installed in their vehicle can no longer appeal the suspension of their licence or their participation in the ignition-interlock program.
Bill 203 The Occupiers’ Liability Amendment Act – notice of a personal injury claim related to snow or ice on private property must be given within 60 days after the injury occurred.
Manitoba Government Introduces Bill to Recognize Louis Riel as First Premier of Manitoba November 23, 2023 – “The Manitoba government is honouring the legacy of Louis Riel by introducing legislation that would recognize him as the first premier of Manitoba, Premier Wab Kinew, Minister responsible for Intergovernmental Affairs and Indigenous Reconciliation, and Manitoba Métis Federation President David Chartrand announced today.”
Manitoba Government Introduces Legislation to Make Lives More Affordable for Manitobans by Lowering Fuel Taxes November 23, 2023 – “Bill 3, The Fuel Tax Amendment Act (Fuel Tax Holiday) would temporarily reduce the provincial fuel tax rate to zero cents per litre on gasoline, natural gas and diesel fuels for road use. This tax pause would remain in place for six months. During the fuel tax holiday, the 14-cent fuel tax rates on gasoline and diesel used to operate motor vehicles will be eliminated, the minister noted..”
Manitoba Government Establishes Southern Manitoba Cabinet Office November 29, 2023 – “The new initiative will be led by Brandon Burley. Burley was the Mayor of Morden for five years from 2018 to 2023, during which time he served as the director of the Federation of Canadian Municipalities. Prior to holding elected office, Burley was a real estate appraiser. With the position announced today, Burley will serve as a liaison between the premier’s office, cabinet and stakeholders in the Pembina Valley region.”
Manitoba Government Supports Adult Education by Introducing Adult Literacy Act December 1, 2023 – “The adult literacy act establishes and sets the funding eligibility parameters for adult literacy and numeracy programming for Manitobans. The act would ensure the efficacy of literacy programs through program standards and encourage stronger literacy outcomes through a mandated strategy and reporting on outcomes, noted the minister”
The Legislative Assembly of Manitoba First Session, Forty-third Legislature
Government Bills
Introduced
Bill 2 The Louis Riel Act – “The Louis Riel Act bestows the honorary title of “First Premier of Manitoba” on Louis Riel. The Manitoba education curriculum must now include the significant contributions of Louis Riel.”
Bill 3 The Fuel Tax Amendment Act (Fuel Tax Holiday) – “The Fuel Tax Act is amended to provide for a tax holiday from January 1, 2024, to June 30, 2024, for fuel purchased for use in operating motor vehicles, farm trucks and fire fighting equipment. A similar tax holiday is provided for multi-jurisdictional carriers who operate without a carrier licence. Regulations may be made to extend the tax holiday for up to six months or to reduce the applicable tax rate during the period from July 1, 2024, to December 31, 2024.
Bill 4 The Employment Standards Code Amendment and Interpretation Amendment Act (Orange Shirt Day) – ” The Employment Standards Code and The Interpretation Act are amended to observe Orange Shirt Day (National Day for Truth and Reconciliation) as a provincial statutory holiday on September 30. Employers and employees may not substitute a different date for observing Orange Shirt Day. In addition, The Public Schools Act is amended to ensure that, in years when Orange Shirt Day falls on a Saturday or Sunday, schools are closed on the following Monday.”
Bill 5 The Adult Literacy Act – “The Adult Literacy Act requires the minister to develop, implement and evaluate an adult literacy strategy in collaboration with others involved in adult literacy. A component of the strategy is the Manitoba Adult Literacy Program, which supports adult literacy programs.”
41 The Occupiers’ Liability Amendment Act – This Bill amends The Occupiers’ Liability Act. Notice of a personal injury claim related to snow or ice on private property must be given within 60 days after the injury occurred. The notice must be given to an occupier of the property or a contractor engaged to remove snow or ice on the property. Notice given to one of them is notice to everyone who may be subject to the claim. The 60-day notice period does not apply in cases of injuries resulting in death or if a court determines that there was a reasonable excuse for failing to comply and that the failure does not prejudice the defendant.
43 The Provincial Offences Amendment Act (2) – This Bill amends The Provincial Offences Act. It enables First Nations to have contraventions of their laws dealt with under The Provincial Offences Act, which allows charges to be laid using tickets and provides additional enforcement options to collect unpaid fines.
Changes to King’s Bench Rules – New amendment to the rules dealing with family matters, as well as probate and estate matters, have been approved. See regulations 37/2023, 38/2023, and 39/2023 for full details.
Fifth Session, 42nd Legislature
Government Bills
Introduced
39 The Residential Tenancies Amendment Act (3) – amends The Residential Tenancies Act to list examples of information or evidence that the director may consider in an application to evict a tenant for unlawful activity.
40 The Combative Sports Amendment Act – This Bill expands the Commission’s mandate to include licensing and regulating amateur combative sports that the Lieutenant Governor in Council has designated.
233 The Chartered Professionals in Human Resources Act – “This Bill establishes The Chartered Professionals in Human Resources Act. Title reservation and self-governing authority are provided to members of the Chartered Professionals in Human Resources Manitoba.”
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
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Please note: The library will be closing early on Friday, December 13th at 11:00AM for a special event. Regular library service will resume Monday, December 16th at 8:30AM.
Please note: The library will be closed on Monday, November 11th, 2024. Regular library service will resume Tuesday, November 12th at 8:30AM.