Legislative Update

Introduced

Government Bills

Bill 10 An Act respecting amendments to the Health Services Insurance Act, the Pharmaceutical Act, and Various Corporate Statutes – Amendments to The Health Services Insurance Act and The Pharmaceutical Act would allow point-of-care COVID-19 testing to be done by pharmacists and enable other professions to do so if permitted under The Regulated Health Professions Act. Amendments to The Condominium Act, The Cooperatives Act, The Corporations Act and The Credit Unions and Caisses Populaires Act would enable co-operative, condominium and corporate directors, shareholders, members and unit owners to choose to hold virtual meetings.

Bill 11 The Elections Amendment Act – This Bill amends The Elections Act. Two significant changes are made to enable the use of new technologies, along with a number of other amendments:

    • The Bill permits the Chief Electoral Officer to authorize the use of vote counting machines to count the vote.
    • All advance votes, whether cast by residents of the electoral division or non-residents, will be counted on election night in the electoral division in which they were cast and reported back to the appropriate home electoral division using secure electronic technology.

Bill 12 The Peak of the Market Reorganization Act – Peak of the Market is a corporation incorporated under The Farm Products Marketing Act. This Bill continues it as Peak of the Market NFP Inc., a corporation without share capital under The Corporations Act. The regulations related to Peak of the Market are repealed.

Bill 13 The Social Services Appeal Board Amendment Act – This Bill amends The Social Services Appeal Board Act. The following changes are made to the procedures before the board.

    • An appeal may be heard by a single member of the board.
    • An appeal may be heard in writing or by telephone or other electronic means.
    • The board may dismiss an appeal in certain circumstances, including when the appeal is trivial, not made in good faith or is vexatious.
    • Certain procedural deadlines are extended.
Private Bills

Bill 217 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.

For the status of all current bills click here.


Proclamations

ChapterTitle     (provisions)Date in forceDate signedProclamation
SM 2021, c. 11The Public Service Act
whole Act
26 Feb 202215 Feb 2022Proclamation
SM 2021, c. 30The Reducing Red Tape and Improving Services Act, 2020
sections 6 to 10
28 Feb 202215 Feb 2022Proclamation

For all current proclamations click here.

FAQs with John: Historical Point-in-Time Legislation

As a student librarian doing a co-op at the Great Library, one of the first things I learned was locating point-in-time legislation. “Backdating” is the act of tracing the history of an act through its previous versions. In the short time I’ve been at the Great Library, I’ve had several questions about locating historical point-in-time legislation, especially for Manitoba statutes.

I thought I would conduct a quick refresher on how to access these documents using the HeinOnline database behind the Law Society Member Portal.

Let’s say for example you were interested in tracing back the Cemeteries Act to find out what the Act looked like in 1980.

Remember that:

  • Federal statutes were revised in 1886, 1906, 1927, 1952, 1970, and 1985
  • Manitoba statutes were revised 1892, 1902, 1913, 1924 (consolidated amendments), 1940, 1954, 1970, and Re-enacted: 1987-1990

In our example, the closest revision year was 1970. The Cemeteries Act in 1980 will include the 1970 version plus any amendments made up until 1980.

Next, look up the amendments and the 1970 version of the Act. We’ll do this by navigating to the LSM Member Portal and accessing HeinOnline.

Although the year we are interested in is 1980, it’s a good idea to go one year past the year you’re looking for. This way you catch amendments that were made in 1980, but weren’t published until 1981. Select the link for 1980-1981.

Scroll down the left-side menu to click on “List of Statutes in Continuing Consolidation”. Acts are listed alphabetically, and under the Cemeteries Act, we can see the 1970 Revised Statutes of Manitoba version and its chapter, as well as a list of amendments up until 1980, including chapter and section:


The next step is to put all of the amendments into context within the 1970 Act, and then we’ll have a picture of how the Cemeteries Act was comprised in 1980.

For more information about finding historical legislation, access our Finding Point-in-Time Legislation guide in the Legal Ease section of the Great Lexpectations site.

Lexbox Tip: Track Legislative Changes with Amendment Alerts

Did you know that Lexbox, the free online legal workspace, allows users to set up amendment alerts on CanLII to receive notification that a piece of legislation has changed?

All you need is a free Lexbox account and then sign up for amendment alerts by selecting a piece of legislation on CanLII. Click on the “Set up amendment alert” button and save it to a folder in your Lexbox workspace.

Lexbox will track amendments to the Act and notify you when there are updates. You can receive daily or weekly email alerts, or when you sign in to the Lexbox platform.

Lexbox will even tell you the estimated number of alerts you can expect. For example, 3 alerts per year are expected for The Public Schools Act.

Using amendment alerts with Lexbox is a great way to stay on top of changes to key statutes and regulations for your practice.

Find out more about Lexbox here.

Legislative Update – New Proclamation

The Government has issued the following Proclamation:

The Public Schools Amendment and Manitoba Teacher’s Society Amendment Act, S.M. 2021, c. 39

This Bill amends The Public Schools Act to establish centralized collective bargaining for teachers who are employed in the public school system. 

[…] The Manitoba Teachers’ Society Act is amended to require the society to establish a negotiating committee to carry out the society’s duties and powers for centralized collective bargaining for teachers.

The legislative amendments create a streamlined bargaining framework where all items are negotiated at a central table between the Manitoba Teachers’ Society (MTS) on behalf of all teachers’ associations and the employer bargaining representative on behalf of the employers’ organization.

For a current list of all proclamations, see here.

Legislative Update – Proclamations

Several new proclamations were signed last month with many of them coming into effect soon.

ChapterTitle     (provisions)Date in forceDate signedProclamation
SM 2021, c. 14The Pension Benefits Amendment Act subsection 10(1), section 11 and clause 17(a)20 Dec 202115 Dec 2021Proclamation
SM 2021, c. 40The Court Practice and Administration Act (Various Acts Amended) Parts 4 and 71 Jan 202215 Dec 2021Proclamation
SM 2021, c. 40The Court Practice and Administration Act (Various Acts Amended) Part 51 Feb 202215 Dec 2021Proclamation
SM 2021, c. 51The Liquor, Gaming and Cannabis Control Amendment Act (2) whole Act17 Dec 202115 Dec 2021Proclamation
SM 2021, c. 15The Regional Health Authorities Amendment Act (Health System Governance and Accountability) subsections 91(1) and (17) to (22) and clauses 91(23)(b) to (d)1 Jan 20221 Dec 2021Proclamation
SM 2021, c. 26The Municipal Statutes Amendment Act Part 21 Jan 20221 Dec 2021Proclamation

See here for all current proclamations.

Legislative Update

Introduced

Government Bills

Bill 1 An Act respecting the Administration of Oaths of Office (Formal Bill)

Bill 2 The Public Services Sustainability Repeal Act – repeals The Public Services Sustainability Act (which is unproclaimed) and three other legislative references to it.

Bill 4 The Path to Reconciliation Amendment Act – amends The Path to Reconciliation Act to include references to the National Inquiry into Missing and Murdered Indigenous Women and Girls. In addition to the calls to action of the Truth and Reconciliation Commission and the principles of the United Nations Declaration on the Rights of Indigenous Peoples, the calls for justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls are to guide the Government of Manitoba’s commitment to reconciliation.

Bill 5 The Coat of Arms, Emblems and the Manitoba Tartan Amendment Act – amends The Coat of Arms, Emblems and the Manitoba Tartan Act to add the polar bear as one of the designated mammal emblems of Manitoba. The plains bison was previously designated in 2014.

Bill 7 The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations) – makes a number of amendments to The Police Services Act that deal with the operation of the Independent Investigation Unit (IIU), which is responsible for investigating police officer conduct.

Private Bills

Bill 200The Orange Shirt Day Statutory Holiday Act (Various Acts Amended) – This Bill recognizes Orange Shirt Day, September 30, as a provincial statutory holiday for the purposes of The Employment Standards Code and The Interpretation Act.

Bill 201 The Regional Health Authorities Amendment Act – amends The Regional Health Authorities Act to require annual reports of health authorities to be tabled in the Assembly and referred to the Standing Committee on Social and Economic Development. The Standing Committee must consider each report within 120 days.

Bill 202 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 203 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 Protest Buffer Zone Act (COVID-19 Restrictions) – This Bill establishes The Protest Buffer Zone Act (COVID-19 Restrictions). Buffer zones are created with certain activities prohibited within these buffer zones. 

Bill 205 The Filipino Heritage Month Act – proclaims the month of June of each year as Filipino Heritage Month.

Bill 207 The Criminal Property Forfeiture Amendment Act – Enables the money in the criminal property forfeiture fund to instead go to non-profit community organizations for social programs, such as affordable housing and restorative justice.

Second Reading

Bill 3 The Family Maintenance Amendment Act – replaces Part II of The Family Maintenance Act to establish new rules respecting the parentage of children conceived through assisted reproduction, including where a surrogate is used.

Bill 6 The Workers Compensation Amendment ActThe Workers Compensation Act lists specific illnesses and injuries presumed to be caused by firefighting, unless the contrary is proven. This Bill expands the list to include primary site thyroid, pancreatic, ovarian, cervical and penile cancers.


Proclamations

ChapterTitle     (provisions)Date in forceDate signedProclamation
SM 2021, c. 38The Fair Registration Practices in Regulated Professions Amendment Act (whole Act)13 Dec 202124 Nov 2021Proclamation
SM 2021, c. 30The Reducing Red Tape and Improving Services Act, 2020 (subsections 25(3) and (4))1 Dec 202110 Nov 2021Proclamation
SM 2021, c. 27The Human Rights Code Amendment Act (whole Act)1 Jan 202227 Oct 2021Proclamation
SM 2021, c. 28The Administrative Tribunal Jurisdiction Act (whole Act)1 Jan 202227 Oct 2021Proclamation
SM 2021, c. 36The Planning Amendment and City of Winnipeg Charter Amendment Act (various sections29 Oct 202127 Oct 2021Proclamation

See here for the status of all current bills.