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.


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.

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.