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 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.”
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.
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.
Bill 220The 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.
SM 2015, c. 45The Real Estate Services Act (whole Act) proclaimed to come into force on January 1, 2022.
SM 2018, c. 7The 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. 21The 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.
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 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.
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. 13proclaimed 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.
Bill 2The 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 3The Public Service Act – provides a legislative framework for an ethical and effective public service for Manitoba.
Bill 4The 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 205The 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.
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.
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.
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.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
Please note: The library will be closing early on Friday, December 13th at 11:00AM for a special event. Regular library service will resume Monday, December 16th at 8:30AM.
The Great Library will be closed from December 25, 2024 to January 1, 2025 for the winter holidays. Regular office hours will resume on Thursday, January 2, 2025.
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