Legislative Update – End of Spring Session

The House adjourned on June 1, 2022.

The 4th Session of the 42nd Legislature will reconvene on
Wednesday, September 28, 2022 at 1:30 p.m.

A number of bills have passed including acts concerning The Court of Appeal Act  and The Provincial Court Act, Family law, and Employment Law.

CBC news article Manitoba MLAs expected to pass 20 bills, including minimum wage legislation, before summer break:

Politicians at the Manitoba Legislature were preparing to pass more than 20 bills into law Wednesday night, including one to increase the minimum wage, before breaking for the summer.

Some bills were not expected to go to a final vote until the legislature resumes in the fall…The Opposition New Democrats used procedural rules to make sure the pesticide, electricity and other bills were not passed before the summer break.

News

May 24, 2022 Manitoba Government Introduces Amendments To The Child And Family Services Act To Transform Indigenous Child Welfare System – “The Manitoba government has introduced proposed amendments to the Child and Family Services (CFS) Act to ensure the transition of child and family services from provincial CFS agencies to Indigenous Governing Bodies (IGB)”


May 26, 2022 Manitoba Government Introduces Legislation That Would Increase Liquor Retail Convenience


May 24, 2022 Manitoba Government Introduces Bill To Modernize Liquor Service Licensing “Bill 38 builds on previous legislative reform introduced to allow all liquor service licensees to sell liquor with takeout and delivery food orders, a service option that has been available to dining room licensees since 2020. This change, supported by industry and driven by changing consumer demand, became especially significant as the COVID-19 pandemic changed how Manitoba’s hospitality industry operates, noted the minister.

May 30, 2022 Manitoba Government Introduces Legislation To Allow Larger Increases To Provincial Minimum Wage – “The Manitoba government is introducing legislation that would allow larger increases to the provincial minimum wage, given current uncertain and challenging global economic conditions as employees and employers struggle to recover from the COVID-19 pandemic”

May 30, 2022 Manitoba Government Introduces Clare’s Law, Aimed At Protecting Against Intimate Partner Violence – “The Manitoba government has introduced Bill 43, the disclosure to protect against intimate partner violence act, to give Manitobans access to an intimate partner’s documented history of violence and supports.”

Government Bills
Fourth Session, 42nd Legislature

Introduced

Bill 38 The Liquor, Gaming and Cannabis Control Amendment Act – amends The Liquor, Gaming and Cannabis Control Act to eliminate specific categories of liquor service licences established in the Act. The different types of liquor service licences are now to be established by regulation. The ability to sell liquor with food that is purchased for delivery or takeout is no longer restricted to specified categories of liquor service licences.

Bill 42 The Liquor, Gaming and Cannabis Control Amendment and Manitoba Liquor and Lotteries Corporation Amendment Act – amends The Liquor, Gaming and Cannabis Control Act and The Manitoba Liquor and Lotteries Corporation Act to expand the range of persons who are able to sell all types of liquor.

Bill 43 The Disclosure to Protect Against Intimate Partner Violence Act – Under the Act, a person who believes that they might be at risk of violence from a current or former intimate partner may apply to receive information about the risk that partner poses to the person or the person’s child.

In Commitee

Bill 7 The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations) – No amendments

Bill 8 The Court of Appeal Amendment and Provincial Court Amendment Act – No amendments

Bill 27 The Highway Traffic Amendment Act (Alternative Measures for Driving Offences)
 • amendment(s) adopted at Report Stage

Bill 29 The Mennonite College Federation Amendment Act – No amendments

Bill 33 The Municipal Assessment Amendment and Municipal Board Amendment Act
 • amendment(s) adopted at Committee Stage

Bill 34 The City of Winnipeg Charter Amendment and Planning Amendment Act – No amendments

Bill 37 The International Child Support and Family Maintenance (Hague Convention) Act – No amendments

3rd Reading

Bill 31 The Minor Amendments and Corrections Act, 2022

Bill 35 The Commemoration of Days, Weeks and Months and Related Repeals and Amendments Act

Passed

Bill 2 The Public Services Sustainability Repeal Act

Bill 7 The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations)

Bill 8 The Court of Appeal Amendment and Provincial Court Amendment Act

Bill 9 The Scrap Metal Act

Bill 15 The Drivers and Vehicles Amendment and Highway Traffic Amendment Act

Bill 16 The Financial Administration Amendment Act

Bill 17 The Family Law Act, The Family Support Enforcement Act and The Inter-jurisdictional Support Orders Amendment Act

Bill 18 The Legislative Security Amendment Act

Bill 21 The Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act

Bill 23 The Reducing Red Tape and Improving Services Act, 2022

Bill 26 The Officers of the Assembly Act (Various Acts Amended)

Bill 27 The Highway Traffic Amendment Act (Alternative Measures for Driving Offences)
 • amendment(s) adopted at Report Stage

Bill 30 The Police Services Amendment and Law Enforcement Review Amendment Act

Bill 31 The Minor Amendments and Corrections Act, 2022

Bill 32   The Victims’ Bill of Rights Amendment Act

Bill 33 The Municipal Assessment Amendment and Municipal Board Amendment Act
 • amendment(s) adopted at Committee Stage

Bill 34 The City of Winnipeg Charter Amendment and Planning Amendment Act              

Bill 35 The Commemoration of Days, Weeks and Months and Related Repeals and Amendments Act           

Bill 36 The Manitoba Hydro Amendment and Public Utilities Board Amendment Act

Bill 39 The Appropriation Act, 2022 (School Tax Rebate)

Bill 41 The Child and Family Services Amendment Act – Bill amends The Child and Family Services Act to facilitate collaboration and information sharing between the persons and entities who administer the Act and the Indigenous governing bodies and Indigenous service providers who administer Indigenous laws respecting child and family services.

Bill 44 The Employment Standards Code Amendment Act (Minimum Wage) – This Bill amends The Employment Standards Code to enable the minimum wage to be increased by an additional amount set out in a regulation.

Private Bills

Introduced

Bill 238 The Workplace Safety and Health Amendment Act (Access to Washrooms for Delivery Persons) – amends The Workplace Safety and Health Act. In most circumstances, the owner of a workplace must provide access to a washroom, on request, to a delivery person attending the workplace.

Bill 239 The Ecological Reserves Amendment Act (Ecological Corridors) – amends The Ecological Reserves Act to allow for the creation of an ecological corridor system.

Bill 240 The Jewish Heritage Month Act – proclaims the month of May of each year as Jewish Heritage Month.

Passed

Bill 205 The Filipino Heritage Month Act  • amendment(s) adopted at Committee Stage

Bill 223 The Ukrainian Heritage Month Act

Bill 227 The Turban Day Act

Bill 228 The Eating Disorders Awareness Week Act

Bill 234 The Drug-Related Death Bereavement Day Act  • amendment(s) adopted at Committee Stage


For the status of all current bills click here.


Legislative Update

News

Manitoba Government Introduces International Child Support and Family Maintenance (Hague Convention) Act May 9, 2022

“The Manitoba government is introducing the international child support and family maintenance (Hague Convention) act that would improve access to justice by providing Manitoba families with additional avenues for establishing, varying and enforcing child and spousal support where one party lives outside Canada”

Manitoba Government Strengthening Laws to Protect Vulnerable Youth from Human Trafficking, Sexual Exploitation May 12, 2022

“The Manitoba government is proposing new legislation as well as amendments to existing acts that would further protect vulnerable children and youth who are at risk of human trafficking and sexual exploitation…

The proposed new legislation, the hospitality sector customer registry act, would improve the ability of law enforcement to investigate suspected instances of human trafficking by requiring hotels and temporary accommodations, including online accommodation platforms, to keep a register of guests, including their names and addresses, and make the registers available to investigators by order or without a warrant on an emergency-demand basis.”

Government Bills
Fourth Session, 42nd Legislature

Introduced

Bill 37 The International Child Support and Family Maintenance (Hague Convention) Act – This Bill implements the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance in Manitoba to facilitate the international recovery of child support and other forms of family maintenance. This Bill also applies procedures under The Inter-jurisdictional Support Orders Act to applications made under the Convention. Consequential amendments are made to The Court of Queen’s Bench Act and The Family Maintenance Act.

Bill 39 The Appropriation Act, 2022 (School Tax Rebate)

Bill 40 The Hospitality Sector Customer Registry Act and Amendments to The Child and Family Services Act and The Child Sexual Exploitation and Human Trafficking Act – Enacts The Hospitality Sector Customer Registry Act which would require hotels, online accommodation platforms and other persons prescribed by regulation to record information about their customers, including a customer’s name and primary residence.

Amends The Child and Family Services Act  to broaden the circumstances in which an agency can apply for an order that prohibits a person from contacting or residing with a child.

Amends The Child Sexual Exploitation and Human Trafficking Act to require hotels, online accommodation platforms, drivers of vehicles for hire and other persons to report human trafficking to a police service if they reasonably believe another person is subject to human trafficking.

In Commitee

18 The Legislative Security Amendment Act (No amendments)

19 The Beneficiary Designation (Retirement, Savings and Other Plans) Amendment Act (No amendments)

23 The Reducing Red Tape and Improving Services Act, 2022 (No amendments)

26 The Officers of the Assembly Act (Various Acts Amended) (No Amendments)

30 The Police Services Amendment and Law Enforcement Review Amendment Act (No amendments)

35 The Commemoration of Days, Weeks and Months and Related Repeals and Amendments Act (No amendments)

Private Bills

Introduced

Bill 237 The Drivers and Vehicles Amendment Act (Poppy Number Plates) – Licence plates depicting a red poppy and the Canadian flag are to be made available to honourably serving or discharged members of the Canadian Forces and to former members of the Royal Canadian Mounted Police Force.

2nd Reading

Bill 208 The Teachers’ Pensions Amendment Act

Bill 228 The Eating Disorders Awareness Week Act

Passed

Bill 205 The Filipino Heritage Month Act  • amendment(s) adopted at Committee Stage

Bill 223 The Ukrainian Heritage Month Act


For the status of all current bills click here.


Legislative Updates

News

April 22, 2022 – Manitoba Government proclaims new Public Service Act
“The Manitoba Public Service Commission advises the Manitoba government has proclaimed the Public Service Act (PSA) to replace the Civil Service Act.

…the PSA provides a legislative framework for an ethical and effective public service for Manitoba by setting out fundamental values such as transparency, accountability, integrity and respect for others. It provides a modern and innovative approach to workforce management supported by a code of conduct and an action plan that strengthen the foundation for a dynamic public workforce.” More information can be found here.

May 2, 2022 – Manitoba government enacts accessible information and communication standard regulation
“The Accessible Information and Communication Standard Regulation is the third standard under the Accessibility for Manitobans Act. It reduces barriers related to accessing information provided in print, in-person, on websites or in other formats. Standards have been put in place previously for accessible customer services and employment.” Read the full news release here.

Government Bills

2nd Reading

2 The Public Services Sustainability Repeal Act

7 The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations)

8 The Court of Appeal Amendment and Provincial Court Amendment Act

15 The Drivers and Vehicles Amendment and Highway Traffic Amendment Act

16 The Financial Administration Amendment Act

17 The Family Law Act, The Family Support Enforcement Act and The Inter-jurisdictional Support Orders Amendment Act

18 The Legislative Security Amendment Act

19 The Beneficiary Designation (Retirement, Savings and Other Plans) Amendment Act

21 The Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act

23 The Reducing Red Tape and Improving Services Act, 2022

26 The Officers of the Assembly Act (Various Acts Amended)

27 The Highway Traffic Amendment Act (Alternative Measures for Driving Offences)

29 The Mennonite College Federation Amendment Act

30 The Police Services Amendment and Law Enforcement Review Amendment Act

33 The Municipal Assessment Amendment and Municipal Board Amendment Act

34 The City of Winnipeg Charter Amendment and Planning Amendment Act

35 The Commemoration of Days, Weeks and Months and Related Repeals and Amendments Act

In Commitee

31 The Minor Amendments and Corrections Act, 2022 (no amendments)

32 The Victims’ Bill of Rights Amendment Act (no amendments)

Private Bills

Introduced

221 The Apprenticeship and Certification Amendment Act (Apprenticeship Supervision)The Apprenticeship and Certification Act. Currently, the number of apprentices a journeyperson may supervise is set by regulation. This Bill requires a 1 to 1 supervision ratio for most trades. A trade may continue to have a greater number of apprentices supervised by a journeyperson if a higher ratio is set by regulation for that trade before this Bill takes effect.

228 The Eating Disorders Awareness Week Act – proclaims February 1 to February 7 of each year as Eating Disorders Awareness Week.

229 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.

230 The Budget Impact Reporting Act – establishes The Budget Impact Reporting Act. The Minister of Finance must report on the effects of the government’s budget decisions on economic and social inclusion and greenhouse gas emissions in Manitoba.                      

232 The Catalytic Converter Identification Act – requires a motor vehicle dealer to mark the vehicle identification number for every vehicle sold by the dealer on that vehicle’s catalytic converter. Amendments to Bill 9, The Scrap Metal Act, require scrap metal dealers who purchase a catalytic converter with a vehicle identification number on it to record that number and provide it to police and Manitoba Public Insurance.

233 The Engineering and Geoscientific Professions Amendment Act –  amends the Engineering and Geoscientific Professions Act with new responsibilities of the registrar, specifies scope of practice licensees, changes to continuing professional development, and appeals.

235 The Public Schools Amendment Act (Nutrition Programs) – 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.

2nd Reading

234 The Drug-Related Death Bereavement Day Act – proclaims the Sunday before Mother’s Day of every year as Drug-Related Death Bereavement Day, a day to reflect on the impact of drugs in Manitoba and to grieve those lost to drugs.

In Commitee

223 The Ukrainian Heritage Month Act – proclaims the month of September as Ukrainian Heritage Month

227 The Turban Day Act

Proclamations

ChapterTitle    (provisions)Date in forceDate signedProclamation
SM 2021, c. 48The Reducing Red Tape and Improving Services Act, 2021 (section 5)1 Jun 202227 Apr 2022Proclamation
SM 2022, c. 7The Peak of the Market Reorganization Act (whole Act)20 Apr 202212 Apr 2022Proclamation

For the status of all current bills click here.


Update – Legislative Proclamations

Several new proclamations were signed and came into effect recently.

ChapterTitle     (provisions)Date in forceDate signedProclamation
SM 2021, c. 15The Regional Health Authorities Amendment Act (Health System Governance and Accountability)
Part 1, except section 74 insofar as it enacts sections 79.2 and 79.3 sections 77 to 82 and 84 to 90 subsections 91(2) to (16) clauses 91(23)(a) and (e) subsections 91(24) and (25) sections 93 to 97, 99 to 118, 120 to 126 and section 134 except clauses (a) and (b)
1 Apr 202223 Mar 2022Proclamation
SM 2021, c. 6The Legal Profession Amendment Act
Whole Act except section 3 and section 6 insofar as it enacts section 25.2
1 Apr 202223 Mar 2022Proclamation
SM 2021, c. 61The Budget Implementation and Tax Statutes Amendment Act, 2021
Part 8
31 Mar 202223 Mar 2022Proclamation
SM 2021, c. 64The Workers Compensation Amendment Act
Whole Act
1 Apr 202223 Mar 2022Proclamation
SM 2021, c. 7The Horse Racing Regulatory Modernization Act (Liquor, Gaming and Cannabis Control Act and Pari-Mutuel Levy Act Amended) Whole Act1 Apr 202223 Mar 2022Proclamation

See here for all current proclamations.

Legislative Update

News

The Province has announced that the 2022 provincial budget will be delivered on Tuesday, April 12, 2022. The budget will focus on strengthening healthcare, cost of living, community investment, and the environment. Over 51 000 Manitobans were surveyed as part of the Government’s budget consultation process. Read more here.

Introduced

Government Bills

Bill 29 The Mennonite College Federation Amendment Act – This Bill amends The Mennonite College Federation Act to reflect the evolution of the Mennonite College Federation into the Canadian Mennonite University.

Bill 30 The Police Services Amendment and Law Enforcement Review Amendment ActThe Law Enforcement Review Act is amended by this Bill to extend the time for filing complaints under that Act from 30 days to 180 days. The Bill also establishes The Manitoba Criminal Intelligence Centre (“MCIC”). The Director of Policing may establish standards respecting police service operations, facilities and equipment.

Bill 31 The Minor Amendments and Corrections Act, 2022 – This Bill corrects typographical, numbering and other drafting errors and makes minor amendments to various Acts.

Bill 32 The Victims’ Bill of Rights Amendment Act – This Bill amends The Victims’ Bill of Rights to enable the director to pay compensation to the family members of a victim despite the victim’s conviction for certain offences. Currently, family members are ineligible if the victim’s criminal record includes a conviction for any of those offences.

An amendment is also made to allow a victim in a sexual assault case to receive, at no cost, independent legal representation if the victim’s personal information is sought to be used as evidence by the accused.

Bill 33 The Municipal Assessment Amendment and Municipal Board Amendment ActThe Municipal Assessment Act is amended to enable a municipality to post assessment information determined by the assessor online; and permit notices and other documents to be sent electronically and to determine when such notices and documents are considered to be received.

The Municipal Board Act is amended to enable the Municipal Board to assist parties in resolving matters without a hearing. Statutory time limits for the board to hear and determine a matter may be extended for up to 60 days to give the board time to provide this assistance.
The board is given the power to dismiss a matter without a hearing in certain circumstances and administrative amendments are made concerning filing notices of appeal with the board.

Bill 34 The City of Winnipeg Charter Amendment and Planning Amendment Act

The key changes to The City of Winnipeg Charter are as follows.

  • Individuals who are not employees of the city may be appointed to act as inspectors and issue orders to remedy contraventions.
  • The city may serve certain compliance orders and demolition orders by substitutional service, as directed by the district registrar for the Winnipeg Land Titles Office, if it is not reasonably possible to serve the order personally.
  • The city may now require secondary plans to be prepared and submitted by a property owner before certain applications made by the owner for adoption, or amendment to, a zoning by-law or approval of a plan of subdivision are considered.
  • Timelines for planning appeals are clarified and may be extended with the agreement of the applicant.
  • The manner for giving notice of public hearings concerning development applications is updated.

The key changes to The Planning Act are as follows.

  • Timelines for application processing and planning appeals are clarified and may be extended with the agreement of the applicant.
  • The deadline for appeal to The Municipal Board is changed from 30 days to 14 days for appeals concerning subdivisions, aggregate quarries and large-scale livestock operations.
  • The expiry date of an approved variance may be extended for up to three years.

Bill 36 The Manitoba Hydro Amendment and Public Utilities Board Amendment Act – This Bill amends The Manitoba Hydro Act and The Public Utilities Board Act and makes related amendments to The Crown Corporations Governance and Accountability Act. Amendments to The Manitoba Hydro Act include changes to electricity rates and gas rates, the development of an Integrated Resource Plan, and approval of major new facilities and contracts.
Amendments to The Public Utilities Board Amendment Act include changes to board structure, the funding model, the requirement of a business plan from the PUB, and changes to the hiring of staff and consultants.

Private Bills

Bill 219 The Employment Standards Code Amendment Act (Leave for Miscarriage or Stillbirth) – This Bill amends The Employment Standards Code. An employee may take up to three days’ paid leave if their pregnancy or the pregnancy of their spouse or common-law partner ends in miscarriage or stillbirth.

For the status of all current bills click here.


Legislative Update

Introduced

Government Bills

Bill 21 The Highway Traffic Amendment and Manitoba Public Insurance Corporation ActThe Highway Traffic Act amendments allows municipalities to designate a “shared street” and establishes guidelines for traffic-related pilot projects. The Manitoba Public Insurance Corporation Act extends personal injury protection plans to operators of vehicles that are part of a pilot project.

Bill 22 The Environment Amendment Act (Pesticide Restrictions) – The prohibition on the application of certain pesticides to lawns is removed and the sale of those pesticides is no longer subject to provincial regulations. The list of premises where the use of those pesticides is prohibited is expanded.

Bill 23 The Reducing Red Tape and Improving Services Act – This Bill amends several Acts to reduce or eliminate regulatory requirements or prohibitions, to improve services and to streamline government operations.

Bill 24 The Real Property Valuation Board and Related Amendments Act – This Bill establishes the Real Property Valuation Board (the “Board”) to take over the roles of other boards and commissions in relation to certain matters. Related amendments are made to The Expropriation ActThe Land Acquisition ActThe Municipal Assessment Act and The Surface Rights Act to effect the transfer of responsibilities to the new Board.

Bill 25 The Interim Appropriation Act, 2022 – Guidelines for for the 2022-2023 fiscal year for government reporting entities as defined in The Financial Administration Act.

Bill 26 The Officers of the Assembly Act (Various Acts Amended) – This Bill amends various Acts with respect to the appointment of certain officers of the Assembly.

Bill 27 The Highway Traffic Amendment Act (Alternative Measures for Driving Offences) – This Bill amends The Highway Traffic Act with respect to alternative measures under the Criminal Code. The Criminal Code allows for charges to be diverted out of the criminal justice system by allowing an accused to agree to alternative measures to avoid a possible conviction. If a person alleged to have committed an impaired driving offence is dealt with by alternative measures, the Attorney General must provide written notice to the Registrar of Motor Vehicles. The registrar must issue a restricted licence to the person that only permits the person to drive a vehicle equipped with an ignition-interlock device for a specific period of time.
Currently, the registrar must suspend the driver’s licence of a person who fails to complete alternative measures for sexual procurement offences. The requirement is repealed since the failure to complete alternative measures results in a renewal of the criminal prosecution and a post-conviction suspension.

Bill 28 The Prompt Payment for Construction Act – This Bill establishes periodic payment obligations to contractors and subcontractors in the construction industry. Payments must be made at specified times based on the progress of the work or the achievement of specific milestones. A final payment must be made shortly after work is completed.

Private Bills

Bill 218 The Residential Tenancies Amendment Act – 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 219 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.

For the status of all current bills click here.