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Bill 4 The Retail Business Hours of Operation Act (Various Acts Amended or Repealed)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

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.