Legislative Update – Legislature resumes

Manitoba Legislature Resumes To Complete Budget 2021 Process, Protect Manitobans – “The fall sitting of the third session of the 42nd legislature will begin at 1:30 p.m. on Wednesday, Oct. 6 with a condensed two-week sitting focused on completing the Budget 2021 financial process including the introduction and passage of the Budget Implementation and Tax Statutes Amendment Act (BITSA).”

Statement From Justice Minister Cameron Friesen On Proclamation Of Bill 6, The Liquor, Gaming And Cannabis Control Amendment Act “…government has proclaimed legislation that prohibits the public consumption of cannabis, complementing existing provisions prohibiting smoking and vaping in public. “

Statement From Justice Minister Cameron Friesen On Proclamation Of Bill 50, The Legal Aid Amendment Act – “… government is acting to remove the tariff from the regulation and allow Legal Aid to manage its budget independently. Legal Aid will create internal policies to ensure the tariff and financial commitments are accounted for.   These changes support Manitoba’s Criminal Justice System Modernization Strategy by improving the timeliness of the justice system.  These regulations come into effect Oct. 7.”

Third Session, Forty-Second Legislature

New Bills

Introduced

Bill 74 The Budget Implementation and Tax Statutes Amendment Act, 2021 – This Bill implements various tax and other measures announced in the 2021 Manitoba Budget. Additional amendments implement and support the summary budget and make various amendments to tax legislation.

Bill 240 The Recognition of National Day for Truth and Reconciliation Act (Employment Standards Code and Interpretation Act Amended) – recognizes National Day for Truth and Reconciliation, September 30, as a statutory holiday in Manitoba for the purposes of The Employment Standards Code and The Interpretation Act.

Recent Proclamations Coming into Effect

ChapterTitle     (provisions)Date in forceDate signedProclamation
SM 2020, c. 25The Remote Witnessing and Commissioning Act (Various Acts Amended) (whole Act)1 Oct 202129 Sep 2021Proclamation
SM 2021, c. 8The Legal Aid Manitoba Amendment Act (whole Act)7 Oct 202129 Sep 2021Proclamation
SM 2021, c. 13The Liquor, Gaming and Cannabis Control Amendment Act (whole Act)15 Oct 202129 Sep 2021Proclamation
SM 2021, c. 30The Reducing Red Tape and Improving Services Act, 2020 (sections 31 and 32)1 Oct 202129 Sep 2021Proclamation
SM 2021, c. 53The Animal Diseases Amendment Act (whole Act)8 Oct 202129 Sep 2021Proclamation
SM 2021, c. 54The Petty Trespasses Amendment and Occupiers’ Liability Amendment Act (whole Act)15 Oct 202129 Sep 2021Proclamation

Check here for the current status of all bills.

New Proclamations

The Manitoba Government has proclaimed the following two acts to be in force. Two news releases highlight the new changes to access to locked-in pensions, and compensation for juries.

Province Creates a Strong Pension Framework that Guarantees Protected, Secure and Stable Retirement Income for Manitobans” August 17, 2021
“Amendments to the Pension Benefits Act (PBA) through bill 8 and accompanying regulations will modernize the legislation and create a framework that protects individuals in times of financial hardship and provides greater and easier access to locked-in funds…”

The Pension Benefits Amendment Act (whole Act except subsection 10(1), section 11 and clause 17(a))

Proclamation

Province Proclaims Legislation that Increases Juror Diversity, Allows Increase in Juror Pay” August 17, 2021
“As part of the amendments to the Jury Act, jurors will be paid for their attendance starting on the first day of a jury trial. Changes to the jury regulation under the act increase jurors’ compensation to $80 per day.”

The Court Practice and Administration Act (Various Acts Amended) (Part 6)

Proclamation

Legislative Update

Third Session, Forty-Second Legislature

Introduced

Bill 220 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.

Passed

Bill 4 The Retail Business Hours of Operation Act (Various Acts Amended or Repealed)

Bill 7 The Planning Amendment Act

Bill 9 The Opioid Damages and Health Care Costs Recovery Act

Bill 42 The Remote Witnessing and Commissioning Act (Various Acts Amended)

Bill 208 The Wildlife Amendment Act (Protecting Property from Water and Wildlife Damage)

Bill 211 The Employment Standards Code Amendment Act (Unpaid Leave for Reservists)

Bill 218 The Somali Heritage Week Act

Bill 300 The United Church of Canada Amendment Act

Bill 301 The Winnipeg Humane Society Foundation Incorporation Amendment Act

See here for the status of all current bills.

Proclamations

SM 2015, c. 45 The Real Estate Services Act (whole Act) proclaimed to come into force on January 1, 2022.

SM 2018, c. 7 The Community Child Care Standards Amendment Act (Enhanced Powers Respecting Governance and Accountability) (whole Act) proclaimed to come into force on January 1, 2021.

SM 2020, c. 21 The Budget Implementation and Tax Statutes Amendment Act, 2020 (Schedule B — The Manitoba Habitat Heritage Corporation Reorganization Act, section 8) proclaimed in force on February 1, 2021.

Click here for the current status of bills.

Legislative Update

Third Session, Forty-Second Legislature

Government Bills

Passed

Bill 65 The Appropriation Act, 2020

Bill 66 The Loan Act, 2020-2021

Private Bills

Introduced

Bill 208 The Wildlife Amendment Act (Protecting Property from Water and Wildlife Damage) – Currently, a landowner has the right to kill or take certain wildlife in defence of their property. The Bill extends the right to tenants of private or leased Crown land.

Bill 209 The Criminal Property Forfeiture Amendment Act (2) – 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 210 The Personal Protective Equipment Reporting Act – requires a report to be tabled each year in the Legislative Assembly setting out the quantity, and any applicable expiry dates, of personal protective equipment purchased and held by health authorities.

Bill 215 The Provincial Court Amendment Act (Gender-Based Violence Education Requirements) – This Bill amends The Provincial Court Act to require judicial candidates to complete education in sexual assault law.

Bill 216 The Public Health Amendment Act (2) – amends The Public Health Act to repeal the requirement that the chief public health officer obtain the approval of the minister before issuing a public health emergency order.

Bill 301 The Winnipeg Humane Society Foundation Incorporation Amendment Act – changes composition of the board as well as investment requirements.

Second Reading

Bill 211 The Employment Standards Code Amendment Act (Unpaid Leave for Reservists)

See here for the status of all current bills.


Proclamations

The Emergency Medical Response and Stretcher Transportation Amendment Act (section 1, clause 2(a) insofar as it repeals the definition “emergency medical response technician”, sections 4 and 5, clauses 13(1)(a) and (b), and section 16) SM 2017, c. 13, comes into force on December 1, 2020.

The Municipal Assessment Amendment Act (whole Act) SM 2020, c. 13 proclaimed to come into force on January 1, 2021.

The Peatlands Stewardship and Related Amendments Act (sections 8 to 16 and 30; sections 8 to 16 and 30) SM 2014, c. 27 sections 8 to1 6 and 30 proclaimed to come into force November 16 ,2020.

See here for a list of all Proclamations.

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.