Legislative Update

Third Session, Forty-Second Legislature

Government Bills

1st reading

Bill 2 The Budget Implementation and Tax Statutes Amendment Act, 2020 – implements tax and other measures announced in the 2020 Manitoba Budget. Additional amendments implement and support the summary budget and make various amendments to tax legislation.

Bill 3 The Public Service Act – provides a legislative framework for an ethical and effective public service for Manitoba.

Bill 4 The Retail Business Hours of Operation Act (Various Acts Amended or Repealed) – Currently, retail business hours and days of operation are subject to provincial legislation. This Bill gives local governments authority over these matters. Amendments to The Liquor, Gaming and Cannabis Control Act, The Municipal Act, The Northern Affairs Act and The City of Winnipeg Charter are made for this purpose. The Employment Standards Code is amended to continue the ability of retail workers to refuse to work on Sundays. A consequential amendment is made to The Remembrance Day Act. The Shops Regulation Act is also repealed.

Private Bills

1st reading

Bill 205 The Latex Control Act – prohibits the sale and use of gloves containing latex as of January 1, 2022. Exceptions are provided for research and medical procedures.

Bill 300 The United Church of Canada Amendment Act – amends The United Church of Canada Act to reflect changes to the church’s governance structure.


Check here for the current status of bills.

Proclamations

The Wildlife Amendment Act (Safe Hunting and Shared Management) SM 2018, c. 33 is proclaimed to come into force on October 10th, 2020. – This amendment creates a general prohibition on night hunting.

See here for a list of all Proclamations.

Legislative Update

Two acts have come into force on July 1st.

Schedule B  of The Family Law Modernization Act; The Child Support Service Act is proclaimed into force on July 1st with important changes including:

  • In addition to its current role of recalculating existing child support orders based on updated income information, the Service is given authority to make initial child support decisions in specified circumstances. This will enable many families to have child support determined without having to make a court application.
  • The Service may recalculate all Manitoba child support orders unless a court order prohibits recalculation. Current law permits recalculation only when a court order authorizes it.
  • The Service may determine when support for an adult child is no longer eligible for recalculation. This eliminates the need for many parties to make a court application.
  • Child support agreements become eligible for recalculation by the Service.

The Courts Modernization Act (Various Acts Amended) (S.M. 2019, c. 16) is also proclaimed in force July 1st. Amendments include the following:

  • The Court of Appeal Act
    • New procedures are established to make orders respecting persons who are vexatious litigants. The ability of the court to make rules regarding practice and procedure is clarified. The court must make an annual report respecting its activities.
  • The Provincial Court Act
    • Committees that were convened to provide a list of candidates when there was a need to appoint a judge or a judicial justice of the peace are made standing committees. Each committee will maintain an ongoing list of qualified candidates. When an appointment is required, the committee will prepare a list of candidates who are recommended for the appointment in question.
    • Provincial court judges must retire at age 75.
  • The Court of Queen’s Bench Act
    • New procedures are established to make orders respecting persons who are vexatious litigants.
    • A committee that was convened to provide a list of candidates when there was a need to appoint a master is made a standing committee. This committee will maintain an ongoing list of qualified candidates and will prepare a list of recommended candidates when a master is to be appointed.
    • Masters must retire at age 75. The court must make an annual report respecting its activities. The ability of all judges to deal with aspects of certain family proceedings is clarified.
  • The Court of Queen’s Bench Small Claims Practices Act
    • The monetary limit for a small claim action is raised from $10,000 to $15,000. That limit may be increased by regulation.
    • A defendant in a small claim action is required to file a defence. Default judgment may be obtained against a defendant who does not file a defence by the deadline set under the rules. A process is established to set aside default judgments.
    • The amount of costs that can be awarded against a party is increased from $100 to $500. Wrongful dismissal from employment claims cannot be brought in a small claim action.

For a list of these and all other Proclamations visit the Government of Manitoba website here.

Legislative Update – New Proclamation

The Government has issued the following Proclamation:

The Reducing Red Tape and Improving Services Act, 2019 S.M. 2019, c. 11 (sections 11 and 31)

“This Act amends several Acts and repeals three Acts and five regulations to reduce or eliminate regulatory requirements and to improve services.”

Specifically , section 11 deals with the The Fatality Inquiries Act, while section 31 amends the Vital Statistics Act.

For a current list of all proclamations, see here.

Legislative Update – New Proclamation

The Government has issued the following Proclamation:

The Business Registration, Supervision and Ownership Transparency Act (Various Acts Amended) (S.M. 2019, c. 25)

  • sections 1, 2 and 9 and Parts 2 and 3 come into force on April 9, 2020
  • sections 3 to 8 and Part 4 to come into force on June 27, 2020

This act deals with Extra-Provincial Registrations, Supervision of Cooperatives, and Ownership Transparency. It makes amendments to The Business Names Registration Act, The Cooperatives Act, The Corporations Act and The Partnership Act.

Legislative Update – New Proclamation

The Government has issued the following proclamation:

The Sustainable Watersheds Act (Various Acts Amended) (S.M. 2018, c. 6)

With the advice and consent of the Executive Council of Manitoba, we name January 1, 2020, as the day on which Part 1 of The Sustainable Watersheds Act (Various Acts Amended) (S.M. 2018, c. 6) comes into force.

Part 1 refers to renaming conservation districts as “watershed districts”.

A board of a district may now do work outside its boundaries if the work benefits the district. For that purpose, a board may enter into agreements with others, including First Nations. When assessing the benefits, a board must consider the relevant watershed management plan prepared under The Water Protection Act.