Legislative Updates: New Proclamations

The Government of Manitoba proclaims the following:

1. The Planning Amendment Act (Improving Efficiency in Planning) (s. 25). 

With the advice and consent of the Executive Council of Manitoba, we name October 15, 2018, as the day on which section 25 of The Planning Amendment Act (Improving Efficiency in Planning) (S.M. 2018, c. 14) comes into force.

This Act amends The Planning Act.

2. The Drivers and Vehicles Amendment and Highway Traffic Amendment Act (whole Act except s. 9 and 10)

With the advice and consent of the Executive Council of Manitoba, we name November 1, 2018, as the day on which The Drivers and Vehicles Amendment and Highway Traffic Amendment Act (S.M. 2018, c. 12), except sections 9 and 10, comes into force.

This Act amends The Drivers and Vehicles Act to make the offence of careless driving under The Highway Traffic Act an offence that must be reported to the Registrar of Motor Vehicles. The report enables the Registrar to proceed with driver improvement measures if warranted.

The Act also amends The Highway Traffic Act to require a three-day roadside licence suspension when a driver is charged with prohibited use of a cell phone or similar hand-held communication device while driving. For a second or subsequent offence in a 10-year period, the suspension period is increased to 7 days.

A driver whose licence is suspended receives a temporary driving permit valid until the end of the next day. The suspension for that person takes effect once the temporary permit expires.

The suspension may not be appealed to the Registrar of Motor Vehicles or to the Licence Suspension Appeal Board.

ICLR Weekly Case Law Update

The Incorporated Council of Law Reporting for England and Wales 

Here’s the Weekly Case Law Update for October 15, 2018.

If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be  happy to provide those for you.

Legislative Updates: New Proclamations & New Bills

New Proclamations

The Government of Manitoba proclaims the following:

1. The Non-Smokers Health Protection and Vapour Products Amendment Act (Prohibiting Cannabis Consumption in Outdoor Public Places) (whole Act)

With the advice and consent of the Executive Council of Manitoba, we name October 17, 2018, as the day on which The Non-Smokers Health Protection and Vapour Products Amendment Act (Prohibiting Cannabis Consumption in Outdoor Public Places) (S.M. 2018, c. 18) comes into force.

This Act amends The Non-Smokers Health Protection and Vapour Products Act to prohibit the smoking or vaping of cannabis in outdoor public places and other places specified by regulation. Prohibitions relating to cannabis apply to areas under federal jurisdiction.

The Non-Smokers Health Protection and Vapour Products Act is renamed to reflect the broader regulation of smoking and vaping. Consequential amendments are made to three Acts because of the title change.

2. The Safe and Responsible Retailing of Cannabis Act (Liquor and Gaming Control Act and Manitoba Liquor and Lotteries Corporation Act Amended)(section 2, clauses 3(1)(b) and (c), subsection 3(2), sections 4 to 21 and Parts 2 and 3)

With the advice and consent of the Executive Council of Manitoba, we name October 17, 2018, as the day on which section 2, clauses 3(1)(b) and (c), subsection 3(2), sections 4 to 21 and Parts 2 and 3 of The Safe and Responsible Retailing of Cannabis Act (Liquor and Gaming Control Act and Manitoba Liquor and Lotteries Corporation Act Amended) (S.M. 2018, c. 9) come into force.

This Act amends The Liquor and Gaming Control Act and The Manitoba Liquor and Lotteries Corporation Act to authorize and regulate the retail sale of cannabis in Manitoba when such sales are permitted by the federal government.

New Bills

The Government of Manitoba recently introduced the following bills:

Third Session, Forty-First Legislature

Bill 35: The Crown Lands Amendment Act (Improved Management of Community Pastures and Agricultural Crown Lands)

This Bill amends The Crown Lands Act.

Currently, fees or rent for leases and permits for agricultural Crown lands may be determined by public tender. This Bill enables regulations that provide for public auctions to also be used.

The Bill enables Cabinet to designate certain lands as community pastures and to regulate their use. The purpose of community pastures is to support haying and grazing on rangelands in a manner that conserves the lands’ ecological integrity and biodiversity. Once designated, community pastures must be managed in accordance with this purpose.

Bill 36: The Highway Traffic Amendment Act (Impaired Driving Offences)

On December 18, 2018, The Highway Traffic Act will be amended by The Impaired Driving Offences Act (Various Acts Amended) to reflect changes to the driving-related provisions of the Criminal Code. This Bill corrects a legislative gap created by those amendments.

 

 

 

Manitoba eLaws – New Edition – Business Law No. 83

The October 2018 edition of the Business Law Update has been published. Selected contents include:

  • Application of Common Interest Privilege in Commercial Transactions Restored: FCA
  • Private Disputes Not Enforceable Via the Oppression Remedy: MBCA
  • Exclusion Clause a Bar to Negligent Misrepresentation Claim: MBCA
  • Legislative Updates, including several regarding the upcoming legalization of marijuana
  • and more.

ICLR Weekly Case Law Update

The Incorporated Council of Law Reporting for England and Wales 

Here’s the Weekly Case Law Update for October 9, 2018.

If you are a member of the Law Society of Manitoba, and would like a copy of any of the decisions from the digest please contact the library and we will be  happy to provide those for you.