232 The Health Services Insurance Amendment Act (Administrative Penalties for Personal Care Homes) – “This Bill amends The Health Services Insurance Act. An administrative penalty may be imposed on the operator of a personal care home if the operator contravenes a prescribed provision of the Act or regulations. The operator may appeal an administrative penalty to the the Court of King’s Bench.”
235 The Employment Standards Code Amendment Act – “This Bill amends The Employment Standards Code. The length of unpaid leave on the death of a family member is expanded from three days to five days. In addition, an employee may now take up to five days of unpaid leave if the employee or their spouse or common-law partner experiences a loss of pregnancy.”
236 The Public Expression Protection Act – “This Bill establishes The Public Expression Protection Act. A defendant to a civil proceeding may file a motion to dismiss the proceeding on the ground that the proceeding arises from an expression by the defendant on a matter of public interest. Until the motion is finally resolved, no further steps may be taken by any party in the proceeding or in a tribunal proceeding related to the same matter of public interest.”
13 The Wildlife Amendment Act -“New residency rules are established for use in issuing licences and permits under the Act. People who reside outside Manitoba may be required to use the services of guides or outfitters when hunting specified animals or when hunting under certain licences. Restrictions on Sunday hunting are removed from the Act.”
15 The Court of King’s Bench Amendment Act – “amends The Court of King’s Bench Act to establish the salary for a person who resigns as the senior master but continues to act as a master.”
16 The Domestic Violence and Stalking Amendment Act – “amends The Domestic Violence and Stalking Act. A protection order may include provisions that enable the parties to the order to attend a family arbitration, family dispute resolution activities and supervised child visitations and transfers. A party applying for a prevention order or a protection order must disclose the existence of any orders or agreements between the subject and the respondent dealing with parenting arrangements, custody, contact, access or guardianship.”
17 The Regulated Health Professions Amendment Act (2) – “amends The Regulated Health Professions Act. The minister’s powers relating to inquiries, directives and orders are extended to the regulatory colleges and associations of health professions that are not yet governed under the Act.”
19 The Provincial Offences Amendment Act – “makes several minor amendments to The Provincial Offences Act. Rules respecting when a ticket or an information may be amended or quashed are standardized. Information contained in a document attached to a certificate of evidence signed by an enforcement officer or other authorized person is admissible as proof of the facts set out in the document. There are no appeals of decisions made on motions or other preliminary matters in proceedings under the Act unless the Act specifically allows an appeal.”
20 The Conflict of Interest (Members and Ministers) Amendment Act – “amends The Conflict of Interest (Members and Ministers) Act as follows: Reports concerning gifts, benefits and private air travel are made public, Securities or stocks that a minister entrusts to another person are excluded from the minister’s disclosure statement, and Records that become public under the Act are not subject to destruction.”
22 The Emergency Measures Amendment Act – “amends The Emergency Measures Act. The name of the Manitoba Emergency Measures Organization is changed to the Manitoba Emergency Management Organization. Every government department must prepare a continuity plan for responding to events that affect its ability to deliver services. A government department must also prepare an emergency management program if directed to do so by the minister. Further amendments are made to allow corporations or organizations to be designated as critical service providers by class as well as individually.”
24 The Wildfires Amendment Act – “Inspection and enforcement powers are expanded and the maximum fines that may be imposed are increased. The requirements that apply when carrying on work within a burning permit area are now established by regulation. A work permit is no longer required.”
25 The Workers Compensation Amendment Act (Wildfire Firefighters) – “lists heart injuries and specific cancers presumed to be caused by firefighting unless the contrary is proven. This Bill amends the Act to extend the presumptions to wildfire firefighters.”
27 The Intimate Image Protection Amendment Act – “amends The Intimate Image Protection Act. It shifts the burden of proof in an action for the non-consensual distribution of an intimate image. The distribution of an intimate image of a person is presumed to have occurred without their consent. A person who distributed the intimate image must establish that they had reasonable grounds to believe that they had consent from the person in the image to distribute that image.”
28 The Local Government Statutes Amendment Act – “amends The City of Winnipeg Charter, The Municipal Act, The Northern Affairs Act and The Public Schools Act. The following people must take a leave of absence when they run for election as a member of the Legislative Assembly: a member of council of a municipality, including the City of Winnipeg; a member of a community council; a trustee of a school division or district. In addition, The Elections Act is amended to eliminate the prohibition on a member of council of a municipality being nominated for election as a member of the Legislative Assembly.”
29 The Life Leases Amendment Act – ” This Bill amends The Life Leases Act to enhance the rights of tenants under life leases.”
31 The Animal Care Amendment Act (2) – “The time limit for an appeal may be extended by the Animal Care Appeal Board. The appeal board may also dismiss a matter without a hearing in certain circumstances. Administrative amendments are made regarding notices of appeal filed with the appeal board. Amendments are also made regarding collection of costs under the Act.”
32 An Act respecting Child and Family Services (Indigenous Jurisdiction and Related Amendments) – “An Act respecting First Nations, Inuit and Métis children, youth and families (Canada) affirms the right of First Nations, Inuit and Métis peoples to exercise jurisdiction in relation to child and family services and sets out a framework for coordinated service provision. This Bill amends several Acts to recognize Indigenous jurisdiction and support the implementation of the federal Act.”
33 The Addiction Services Act – ” establishes The Addiction Services Act. A licence is required to provide addiction services that involve overnight accommodation, supervised consumption services and withdrawal management services to people with substance use addictions. Related amendments are made to The Personal Health Information Act and The Private Hospitals Act.”
34 The Police Services Amendment Act – “This Bill amends The Police Services Act. The Director of Policing may establish standards respecting police service operations, facilities and equipment. The criminal intelligence director is responsible for creating standards dealing with criminal intelligence. The Manitoba Police Commission monitors police service compliance with policing standards.”
36 The Fair Registration Practices in Regulated Professions Amendment Act – “This Bill amends The Fair Registration Practices in Regulated Professions Act. Time limits are established in which a regulated profession must respond to an application for registration from an individual who has a similar registration in another Canadian jurisdiction. A regulated profession may apply to the minister for an extension of a time limit. Regulated professions are also required to comply with any regulations respecting English or French language proficiency testing requirements for domestic and internationally educated individuals. Compliance orders may now be made under this Act if a regulated profession fails to comply with a domestic trade agreement.”
38 The Builders’ Liens Amendment Act (Prompt Payment) – “Bill amends The Builders’ Liens Act. A prompt payment scheme is established to facilitate the timely flow of construction project funds by imposing payment deadlines on each payor in the construction contract chain.”
223 The Manitoba Assistance Amendment Act (Adult Education) – “amends The Manitoba Assistance Act. The director must consider whether undertaking adult education is the most appropriate employment enhancement measure for an assistance recipient.”
224 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.”
This Bill amends The Health Services Insurance Act to require the minister to ensure that the current standards for paid care set out in the guidelines are maintained. The minister must also establish standards to ensure that the direct care provided to residents is adequate.
226 The Universal Newborn Hearing Screening Amendment Act – ” This Bill amends The Universal Newborn Hearing Screening Act. In addition to screening for hearing loss, parents and guardians are offered the opportunity to have their infants tested for congenital cytomegalovirus (CMV) infection. The Act’s title is amended to reflect this change.
228 The Pay Transparency Act – “This Bill establishes The Pay Transparency Act to: prevent employers from seeking pay history about employees; require employers to include pay information in publicly advertised job postings; and require private sector employers with more than 100 employees to file a pay audit report with the Pay Equity Commissioner, including information on gender, diversity and pay of employees. All bids for public tenders must demonstrate that the bidder pays women, gender-diverse individuals and men equally.
230 The Municipal Councils and School Boards Elections Amendment Act – “This Bill amends The Municipal Councils and School Boards Elections Act to require candidates to disclose offences to which they have pleaded guilty or in respect of which they have been found guilty. Offences for which a person received a record suspension under the Criminal Records Act (Canada) must be disclosed. Youth offences and those offences for which a pardon was granted under the Criminal Code (Canada) are excluded.
Bill 12 The Minor Amendments and Corrections Act, 2023 – This Bill corrects typographical, numbering and other drafting errors. It also makes minor amendments to various Acts and regulations.
Private Bills
Introduced
Bill 221 The Fatality Inquiries Amendment Act (Overdose Death Reporting) – “This Bill amends The Fatality Inquiries Act to require the chief medical examiner to post a report on a government website setting out the number of drug overdose deaths in Manitoba for each month. The report must also identify the type of drug that is suspected of causing or contributing to each reported death.”
Bill 222 The Public Schools Amendment Act (Nutrition Programs) – “This Bill 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.”
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.”
The Honourable Anita R. Neville, P.C., O.M., Lieutenant-Governor of the Province of Manitoba delivers the Speech from the Throne to open the Fifth Session of the 42nd Manitoba Legislature on November 15, 2022.
Promises the government plans to commit to include:
Helping Make Our Communities Safer
Helping Families Make Ends Meet
Strengthening Health Care and Reducing Surgical and Diagnostic Backlogs
Helping Make Manitoba More Competitive
Helping Protect Our Environment, Climate and Parks
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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