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2nd Session, 41st Legislature

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Bill 24

THE RED TAPE REDUCTION AND GOVERNMENT EFFICIENCY ACT, 2017


Table of Contents Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

THE CONSUMER PROTECTION ACT

C.C.S.M. c. C200 amended

1(1)        The Consumer Protection Act is amended by this section.

1(2)        Subsection 169(5) is amended

(a) by replacing the section heading with "Review requested by minister"; and

(b) by striking out "at least once every three years" and substituting ", if requested by the minister".

1(3)        Subsection 169(6) is replaced with the following:

No independent power of review

169(6)      The board is not permitted to review its existing orders on its own initiative.

Time limit for review

169(6.1)    Within six months after commencing the review, or within any longer period allowed by the minister, the board must

(a) issue an order under subsection (5); and

(b) prepare and submit a report to the minister, including a copy of the order and a description of the board's review and hearing process under this section.

THE DANGEROUS GOODS HANDLING AND TRANSPORTATION ACT

C.C.S.M. c. D12 amended

2(1)        The Dangerous Goods Handling and Transportation Act is amended by this section.

2(2)        Subsection 8(4) is amended by striking out "No person" and substituting "Except when permitted under subsection (4.1), no person".

2(3)        The following is added after subsection 8(4):

Licence requirement exception

8(4.1)      A hazardous waste disposal facility licence is not required in respect of a used oil burner or a used oil collection facility that meets standards prescribed by regulation.

2(4)        Subsection 40(1) is amended

(a) by adding the following after clause (h):

(h.1) for the purpose of subsection 8(4.1), prescribing standards for used oil burners and used oil collection facilities that do not require a hazardous waste disposal facility licence;

(b) by adding the following after clause (hh):

(ii) defining any word or phrase used but not defined in this Act.

THE DRINKING WATER SAFETY ACT

C.C.S.M. c. D101 amended

3(1)        The Drinking Water Safety Act is amended by this section.

3(2)        Subsection 7(2) is amended by striking out "an application for a permit" and substituting "a written request".

3(3)        The following is added after subsection 9(1):

Frequency of assessments may be reduced

9(1.1)      Despite subsection (1), the director may reduce the frequency of required assessments for a water system to a minimum of once in every 10-year period if the director is satisfied that reducing the frequency will not significantly increase the risk to the safety of water obtained from the water system.

Retroactive application

9(1.2)      A reduction in frequency under subsection (1.1) may be made to apply retroactively, but not to a date earlier than March 1, 2017.

3(4)        Subsection 9(2) is amended in the part before clause (a) by striking out "under subsection (1)" and substituting "required under subsections (1) and (1.1)".

3(5)        Subsection 22(2) is replaced with the following:

Emergency reporting of results

22(2)       If a laboratory conducts an analysis of a sample from a public water system or a semi-public water system, and the results indicate that a serious and immediate health risk to users of the system exists or may exist, the laboratory must immediately notify the director, a medical officer or a drinking water officer and provide the information that he or she requires.

3(6)        The following is added after clause 39(1)(n):

(n.1) respecting requirements for shipping, receiving, and chain-of-custody forms and procedures in relation to water samples submitted to laboratories for analysis;

THE ECOLOGICAL RESERVES ACT

C.C.S.M. c. E5 amended

4           Section 4.2 of The Ecological Reserves Act is repealed.

THE ENVIRONMENT ACT

C.C.S.M. c. E125 amended

5           Sections 40.1 and 40.2 and the Schedule to The Environment Act are repealed.

THE FISHERIES ACT

C.C.S.M. c. F90 amended

6(1)        The Fisheries Act is amended by this section.

6(2)        Subsection 31(1) is amended by striking out everything after "for that fiscal year".

6(3)        Subsection 31(2) is amended by replacing everything before clause (a) with the following:

Five-year report

31(2)       The minister must, within six months after the end of the fiscal year ending March 31, 2017, and within six months after the end of every fifth fiscal year afterwards, prepare a report containing

6(4)        The following is added after subsection 31(2):

Tabling of reports

31(3)       The minister must table a copy of each report under this section in the Assembly on any of the first 15 days on which the Assembly is sitting after the report has been prepared.

THE FOREST HEALTH PROTECTION ACT

C.C.S.M. c. F151 amended

7(1)        The Forest Health Protection Act is amended by this section.

7(2)        Section 27 is repealed.

7(3)        The following is added as section 27.1:

Arborist certification requirement

27.1(1)     Except when permitted by regulation, a person must not act as an arborist unless he or she holds a valid and subsisting certification from a prescribed organization or body.

Exception

27.1(2)     Subsection (1) does not apply if the only services a person provides is the cutting down and removal of an entire tree.

Transitional

27.1(3)     A person may act as an arborist without holding a certification required under subsection (1) if

(a) he or she held an arborist licence under the former Act immediately before the coming into force of this section; or

(b) he or she successfully completed the Manitoba Arborist Training and Licensing Course conducted by the University of Manitoba School of Agriculture before July 1, 2019.

Interpretation

27.1(4)     In subsection (3), "former Act" means this Act as it read immediately before the coming into force of this section.

7(4)        Clause 33(m) is replaced with the following:

(m) respecting arborists, including

(i) prescribing organizations or bodies that may certify arborists,

(ii) specifying when a person may act as an arborist without holding the required certification, and

(iii) specifying the amount and type of insurance to be held by an arborist;

THE GROUNDWATER AND WATER WELL AND RELATED AMENDMENTS ACT

S.M. 2012, c. 27 (unproclaimed provisions repealed)

8(1)        The Groundwater and Water Well and Related Amendments Act, S.M. 2012, c. 27, is amended by this section.

8(2)        Section 12 is repealed.

8(3)        Subsections 50(2) and (3) are repealed.

8(4)        Clause 86(3)(f) is repealed.

THE HEALTH SERVICES ACT

R.S.M. 1987, c. H30 repealed

9           The Health Services Act, R.S.M. 1987, c. H30, is repealed.

THE LABOUR RELATIONS ACT

C.C.S.M. c. L10 amended

10(1)       The Labour Relations Act is amended by this section.

10(2)       Section 1 is amended

(a) in clause (a) of the definition "parties",

(i) by adding "assignment or" before "appointment", and

(ii) by adding "assigned or" before "appointed"; and

(b) by adding the following definition:

"director" means the person appointed under The Civil Service Act as responsible for assigning conciliation officers and appointing grievance mediators under this Act; (« directeur »)

10(3)       Subsection 67(1) is amended

(a) in the section heading, by striking out "Appointment" and substituting "Assignment";

(b) in the part of clause (a) after subclause (ii), by striking out "requests the minister in writing to appoint" and substituting "requests the director in writing to assign"; and

(c) in the part after clause (b), by striking out "the minister shall appoint" and substituting "the director shall assign".

10(4)       Subsections 67(2) and (3) are amended by striking out "appointed" and substituting "assigned".

10(5)       Subsections 68(1) to (3) are repealed.

10(6)       Subsection 68(3.1) is amended by striking out "appointment" and substituting "assignment"

(a) in the part before clause (a); and

(b) in the part after clause (b).

10(7)       Clause 87(1)(b) is amended

(a) by striking out "appointed" and substituting "assigned"; and

(b) by striking out "appointment" and substituting "assignment".

10(8)       Subsection 87.2(1) is amended by striking out "minister to appoint" and substituting "director to assign".

10(9)       Subsection 129(1) is amended

(a) by replacing the section heading with "Appointment of grievance mediator"; and

(b) by striking out "minister" and substituting "director".

10(10)      Clause 130(5)(c) is amended by striking out "minister" and substituting "director".

10(11)      Subsection 130(8) is amended

(a) by replacing the section heading with "Appointment of grievance mediator at board's request"; and

(b) by striking out "minister" wherever it occurs and substituting "director".

10(12)      Subsection 130(9) is amended

(a) in the part before clause (a), by striking out "minister" and substituting "director"; and

(b) by replacing clause (c) with the following:

(c) notify the board of the results of the inquiry and the success of the settlement effort.

10(13)      Subsection 130(10.2) is repealed.

THE MANITOBA NATURAL RESOURCES DEVELOPMENT ACT

R.S.M. 1987, c. N33 repealed

11          The Manitoba Natural Resources Development Act, R.S.M. 1987, c. N33, is repealed.

THE NOXIOUS WEEDS ACT

C.C.S.M. c. N110 amended

12          Subsection 27(3) of The Noxious Weeds Act is repealed.

THE NOXIOUS WEEDS AMENDMENT ACT

S.M. 2015, c. 38 (unproclaimed provisions repealed)

13          The Noxious Weeds Amendment Act S.M. 2015, c. 38, is amended by repealing subsection 25(2) and section 36 insofar as it enacts clause 40(1)(b).

THE PUBLIC-PRIVATE PARTNERSHIPS TRANSPARENCY AND ACCOUNTABILITY ACT

S.M. 2012, c. 36 repealed

14          The Public-Private Partnerships Transparency and Accountability Act, S.M. 2012, c. 36, is repealed.

THE RESIDENTIAL TENANCIES ACT

C.C.S.M. c. R119 amended

15(1)       The Residential Tenancies Act is amended by this section.

15(2)       Clause 3(1)(d) is replaced with the following:

(d) living accommodation occupied by a person for penal or correctional purposes or for the purpose of receiving in-patient or resident-based therapeutic or rehabilitative care;

15(3)       Clause 3(1)(h) is replaced with the following:

(h) living accommodation provided by or in association with a religious denomination on premises occupied solely

(i) by the denomination's clergy or employees,

(ii) by a religious order, or

(iii) for religious instructional purposes; or

THE VETERINARY SERVICES ACT

C.C.S.M. c. V50 amended

16(1)       The Veterinary Services Act is amended by this section.

16(2)       Subsection 16(1) is amended by striking out "which shall be in a form satisfactory to the Auditor General" and substituting "in accordance with the regulations".

16(3)       Subsection 16(2) is replaced with the following:

Review or audit

16(2)       The board shall have its accounts examined, reviewed or audited each year in accordance with the regulations.

16(4)       Subsections 16(3) and (4) are repealed.

16(5)       Section 22 is amended by adding the following after clause (l):

(l.1) respecting the maintenance and the examination, review or audit of boards' accounting records;

CONSEQUENTIAL AMENDMENTS

C.C.S.M. c. C225 amended

17           Clause 3(1)(b) of The Corporations Act is amended by striking out "or The Health Services Act".

C.C.S.M. c. F175 amended

18          The definition "health care body" in subsection 1(1) of The Freedom of Information and Protection of Privacy Act is amended by adding "and" at the end of clause (c) and repealing clause (d).

C.C.S.M. c. H175 amended

19          The definition "local authority" in section 1 of The Human Rights Code is amended by adding "and" at the end of clause (e) and repealing clause (f).

C.C.S.M. c. M225 amended

20(1)       The Municipal Act is amended by this section.

20(2)       The definition "local authority" in subsection 1(1) is amended by repealing clause (e).

20(3)       Clause 154(6)(b) is amended by striking out "a municipality, school division, school district or hospital district" and substituting "a municipality, school division or school district".

C.C.S.M. c. M240 amended

21          The definition "local authority" in section 1 of The Municipal Board Act is amended by striking out ", and the governing board of a hospital district or of a medical nursing unit district established under The Health Services Act".

C.C.S.M. c. N100 amended

22          The definition "local authority" in section 1 of The Northern Affairs Act is amended by repealing clause (e).

C.C.S.M. c. R34 amended

23(1)       The Regional Health Authorities Act is amended by this section.

23(2)       The definition "health corporation" in section 1 is amended by repealing clause (b).

23(3)       Clause 2(3)(b) is repealed.

23(4)       Subsection 44(2) is amended by striking out "under section 69 of The Health Services Insurance Act or subsection 55(1) of The Health Services Act (as those provisions existed prior to the coming into force of this Act)" and substituting "under section 69 of The Health Services Insurance Act (as that provision existed prior to the coming into force of this Act)".

23(5)       Clause 46(3)(b) is repealed.

23(6)       Clause 49(1)(a) is replaced with the following:

(a) where the health corporation is established under The District Health and Social Services Act, notwithstanding that Act, the minister may dissolve and disestablish the health corporation, its board and its corresponding district, and the Lieutenant Governor in Council or the minister, as the case may be, may repeal or amend any regulations under that Act to achieve this purpose;

COMING INTO FORCE

Coming into force

24(1)       This Act, except sections 2 and 7, comes into force on the day it receives royal assent.

Coming into force: sections 2 and 7

24(2)       Sections 2 and 7 come into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends several Acts and repeals three Acts to reduce or eliminate regulatory requirements or prohibitions and to streamline government operations. A number of other Acts are amended to remove references to a repealed Act.

The Consumer Protection Act

If requested by the minister, the Public Utilities Board must review the maximum charge permitted for cashing a government cheque. Previously, the Board had to review the maximum permitted charge every three years.

The Dangerous Goods Handling and Transportation Act

A hazardous waste disposal facility licence is not required for used oil burners and used oil collection facilities that meet specified standards.

The Drinking Water Safety Act

The requirement to submit a formal application to make a minor alteration to a water system is replaced by the requirement to file a written request. The frequency with which public and semi-public water suppliers must do an assessment of their infrastructure and water sources may be reduced from once every five years to once every ten years. The reporting requirements for laboratories that conduct analyses of drinking water samples are changed to require immediate reporting only in the case of a serious and immediate health risk. A new provision allows for more effective regulation of the shipping and receiving of water samples submitted to a laboratory.

The Ecological Reserves Act

A requirement to provide a report on ecological reserves every five years is removed.

The Environment Act

A general prohibition on the construction or expansion of manure storage facilities for hog operations across Manitoba is eliminated. Also eliminated is the prohibition on winter spreading of livestock manure.

The Fisheries Act

The timing of a requirement to provide a report on fisheries resources every five years is changed to match the timing of a similar report dealing with wildlife resources under The Wildlife Act.

The Forest Health Protection Act

The requirement for all arborists to be licensed is replaced by a requirement to be certified by a third party organization.

The Groundwater and Water Well Act

Unproclaimed provisions of this Act that would require an identification plate and an annual validation strip to be placed on every drilling machine are repealed. A requirement to have a report prepared by an engineer or geoscientist is eliminated.

The Labour Relations Act

A director appointed under The Civil Service Act is responsible for assigning conciliation officers and appointing grievance mediators. Previously, the Act assigned these responsibilities to the minister.

The Noxious Weeds Act

Municipalities no longer require the minister's approval to charge a property owner more than a specified amount for removing noxious weeds from the property.

The Residential Tenancies Act

Accommodations provided for rehabilitative, therapeutic or religious purposes are exempt from the Act only if specified requirements are met.

The Veterinary Services Act

Requirements previously in the Act regarding financial recordkeeping by veterinary services boards are now set by regulation.

Acts repealed

The Health Services Act, The Manitoba Natural Resources Development Act and The Public-Private Partnerships Transparency and Accountability Act are repealed.