A A A

4th Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 14

THE REDUCING RED TAPE AND IMPROVING SERVICES ACT, 2019


  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 CEMETERIES ACT

C.C.S.M. c. C30 amended

1(1)        The Cemeteries Act is amended by this section.

1(2)        Subsections 26(1) and (2) are amended by striking out ", in such form as is prescribed in the regulations," and substituting ", in a form approved by the board,".

1(3)        The following is added after subsection 26(2):

Conditions

26(2.1)     A licence may be made subject to prescribed terms and conditions.

1(4)        Section 39 is amended

(a) by repealing clause (g); and

(b) in clause (l) by striking out "the forms of".

THE MANITOBA CENTENNIAL CENTRE CORPORATION ACT

C.C.S.M. c. C40 amended

2           Subsection 7(1) of The Manitoba Centennial Centre Corporation Act is replaced with the

following:

Board

7(1)        The board is to consist of at least six and not more than ten members appointed by the Lieutenant Governor in Council.

THE CHILD AND FAMILY SERVICES ACT

C.C.S.M. c. C80 amended

3(1)        The Child and Family Services Act is amended by this section.

3(2)        Section 12 is amended by striking out "in a prescribed form".

3(3)        Clause 13(5)(a) is amended by striking out "on a prescribed form".

THE CITY OF WINNIPEG CHARTER

S.M. 2002, c. 39 amended

4           Section 287 of The City of Winnipeg Charter is repealed.

THE DENTAL HEALTH SERVICES ACT

Act and regulations repealed

5           The Dental Health Services Act, R.S.M. 1987, c. D33, and the following regulations are repealed:

(a) the Dental Health Fees Regulation, Manitoba Regulation 7/93;

(b) the Dental Health Services Regulation, Manitoba Regulation 449/88 R.

THE DENTAL HEALTH WORKERS ACT

Act and regulations repealed

6           The Dental Health Workers Act, R.S.M. 1987, c. D31, and the following regulations are repealed:

(a) the Board Composition Regulation, Manitoba Regulation 68/86;

(b) the Dental Health Workers Regulation, Manitoba Regulation 448/88 R.

THE EDUCATION ADMINISTRATION ACT

C.C.S.M. c. E10 amended

7           Subsection 4.1(2) and section 18 of The Education Administration Act are repealed.

THE EFFICIENCY MANITOBA ACT

C.C.S.M. c. E15 amended

8(1)        The Efficiency Manitoba Act is amended by this section.

8(2)        Subsection 21(1) is replaced with the following:

Board

21(1)       The board is to consist of at least six and not more than ten directors appointed by the Lieutenant Governor in Council.

8(3)        Subsection 21(2) is amended by striking out "board members" and substituting "directors".

THE EMPLOYMENT STANDARDS CODE

C.C.S.M. c. E110 amended

9           Subsection 21(1) of The Employment Standards Code is amended in the definition "general holiday" by replacing clause (d) with the following:

(d) July 1;

THE FARM PRODUCTS MARKETING ACT

C.C.S.M. c. F47 amended

10(1)       The Farm Products Marketing Act is amended by this section.

10(2)       Section 7 is replaced with the following:

Manitoba council may amend or repeal

7            With the approval of the minister, the Manitoba council may amend or repeal any regulation or order made by a board or commission.

10(3)       Section 18 is amended

(a) by replacing the section heading with "Council regulations"; and

(b) by renumbering it as subsection 18(1) and adding the following as subsection 18(2):

Minister may amend or repeal

18(2)       The minister may amend or repeal any regulation made by the Manitoba council under this section.

THE FATALITY INQUIRIES ACT

C.C.S.M. c. F52 amended

11(1)       The Fatality Inquiries Act is amended by this section.

11(2)       Subsections 17(1) and (2) are replaced with the following:

Medical certificate within 48 hours

17(1)       A medical examiner must request a physician or nurse practitioner who attended a deceased during the deceased's last illness to issue a medical certificate if the medical examiner

(a) learns that no such physician or nurse practitioner has issued a medical certificate within 48 hours of the death; and

(b) is satisfied that this Act does not apply to the death.

Medical examiner to issue certificate

17(2)       Subject to subsection (3), a medical examiner may issue a medical certificate if

(a) the medical examiner is unable to promptly reach any physician or nurse practitioner who attended the deceased during the deceased's last illness to request issuance of the medical certificate; or

(b) a medical certificate is not immediately issued by any physician or nurse practitioner requested to do so by the medical examiner under subsection (1).

11(3)       Subsection 18(1) is replaced with the following:

Medical certificate after inquiry

18(1)       After an inquiry, a medical examiner or an investigator may direct a physician or nurse practitioner who attended a deceased during the deceased's last illness to issue a medical certificate if

(a) the medical examiner or investigator determines that the death does not warrant an investigation and the manner of death is natural; and

(b) the cause of the death is known to the physician or the nurse practitioner.

11(4)       Subsection 18(2) is amended

(a) by striking out "An attending physician" and substituting "A physician or a nurse practitioner"; and

(b) by striking out "at the request" and substituting "on the direction".

11(5)       Clause 42(2)(e) is replaced with the following:

(e) to a physician or nurse practitioner who attended the deceased during the deceased's last illness, if any;

THE PREARRANGED FUNERAL SERVICES ACT

C.C.S.M. c. F200 amended

12(1)       The Prearranged Funeral Services Act is amended by this section.

12(2)       Subsection 3(2) is amended by striking out "prescribed in the regulations" and substituting "approved by the board".

12(3)       Clause 16(b) is amended by striking out "the forms thereof and".

THE MANITOBA HYDRO ACT

C.C.S.M. c. H190 amended

13          Subsection 5(1) of The Manitoba Hydro Act is replaced with the following:

Board

5(1)        The affairs of the corporation are to be administered by a board which is to consist of at least six and not more than ten members appointed by the Lieutenant Governor in Council.

THE INTERPRETATION ACT

C.C.S.M. c. I80 amended

14          Subsection 23(1) of The Interpretation Act is amended by replacing item 5 with the following:

5.  July 1

THE MANITOBA LIQUOR AND LOTTERIES CORPORATION ACT

C.C.S.M. c. L155 amended

15          Subsection 10(1) of The Manitoba Liquor and Lotteries Corporation Act is replaced with the following:

Composition of board

10(1)       The board is to consist of at least six and not more than ten members appointed by the Lieutenant Governor in Council.

THE MUNICIPAL ACT

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

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

16(2)       Section 240 is replaced with the following:

Warrant to enter and inspect

240(1)      A justice may issue a warrant authorizing a designated officer and any other person named in the warrant to enter land or a building or other structure and carry out an inspection, remedy, enforcement or action if the justice is satisfied by information under oath that

(a) entry to the place has been refused; or

(b) there are reasonable grounds to believe that

(i) entry will be refused, or

(ii) if a designated officer were refused entry, delaying the inspection to obtain a warrant on the basis of the refusal could be detrimental to the inspection, remedy, enforcement or action.

Notice not required

240(2)      An application for a warrant under this section may be made without notice.

16(3)       Section 241 is repealed.

THE NOXIOUS WEEDS ACT

C.C.S.M. c. N110 amended

17(1)       The Noxious Weeds Act is amended by this section.

17(2)       Clauses 3(1)(b) and (c) are amended by striking out "five acres" and substituting "20 acres".

17(3)       Subsection 8(1) is amended

(a) in the part before clause (a), by striking out "or root crops," and substituting "or root crops — or in their residue — ";

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

(f) to destroy noxious weeds or noxious weed seeds and the crops, hay, straw, forage plants or root plants — or residue of any of them — that contain, or in the opinion of the inspector, are likely to contain any noxious weeds or noxious weed seeds; or

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

(h) to take any measure in respect of the transportation or movement of grain, seed, forage, hay, or root crop, or their residue, to reduce or prevent the spread of noxious weed seeds that might be contained or become mixed with the grain, seed, forage, hay, root crop, or their residue; including, without limitation, the covering as required, the reduction or the cleaning of a load of grain, seed, forage, hay, or root crop, or their residue, for the purpose of reducing or preventing the spread of noxious weed seeds.

THE OIL AND GAS ACT

C.C.S.M. c. O34 amended

18(1)       The Oil and Gas Act is amended by this section.

18(2)       Subsection 1(1) is amended by striking out ", other than in Part 6," in the definition "lease".

18(3)       Part 6 is repealed.

18(4)       Section 208 is amended by adding "or" at the end of clause (a), striking out "or" at the end of clause (b) and repealing clause (c).

18(5)       Section 223 is repealed.

Consequential repeal, Manitoba Regulation 107/94

19          The Oil and Gas Lease Agents Regulation, Manitoba Regulation 107/94, is repealed.

THE OIL AND GAS AMENDMENT AND OIL AND GAS PRODUCTION TAX AMENDMENT ACT

S.M. 2005, c. 25 (unproclaimed Act repealed)

20          The Oil and Gas Amendment and Oil and Gas Production Tax Amendment Act, S.M. 2005, c. 25, is repealed.

THE PROVINCIAL OFFENCES ACT

C.C.S.M. c. P160 amended

21          The Provincial Offences Act is amended in clause (b) of the definition "preset fine" in section 1 by striking out "an offence" and substituting "a parking offence".

THE MANITOBA PUBLIC INSURANCE CORPORATION ACT

C.C.S.M. c. P215 amended

22(1)       The Manitoba Public Insurance Corporation Act is amended by this section.

22(2)       Subsection 2(1) is replaced with the following:

Persons comprising corporation

2(1)        The corporation is to consist of at least six and not more than ten persons appointed by the Lieutenant Governor in Council as directors of the corporation.

22(3)       Subsection 2(9) is replaced with the following:

Quorum

2(9)        A majority of the directors constitutes a quorum at any meeting of the directors of the corporation.

THE PUBLIC WORKS ACT

C.C.S.M. c. P300 amended

23(1)       The Public Works Act is amended by this section.

23(2)       Subsection 8(1) is replaced with the following:

Minister may enter into contract or agreement

8(1)        The minister may enter into any contract or agreement that he or she considers necessary for the purposes of this Act.

23(3)       Subsection 8(3) of the English version is amended by adding "or she" after "he".

THE REAL PROPERTY ACT

C.C.S.M. c. R30 amended

24(1)       The Real Property Act is amended by this section.

24(2)       Clause 45(1)(c) is amended by striking out "subject to subsection (6)" and substituting "subject to subsection (5)".

24(3)       The following is added after subsection 45(1):

Substitutional service

45(1.1)     If a person required to be served a notice under clause (1)(c) cannot, after due diligence, be found, the district registrar may direct that the notice be served substitutionally in the manner that the district registrar directs. Substitutional service has the same effect as personal service on the person.

24(4)       Subsection 45(4) is replaced with the following:

Extending time for redemption

45(4)       On the application of a person appearing to be interested in the land, and on sufficient cause being shown, the district registrar may extend the time for redemption fixed by the notice under clause (1)(c).

THE REGULATORY ACCOUNTABILITY ACT

C.C.S.M. c. R65 amended

25(1)       The Regulatory Accountability Act is amended by this section.

25(2)       Section 1 is amended in the definition "administrative burden" by adding "comply and" after "necessary to".

25(3)        Clause 2(2)(b) is replaced with the following:

(b) that in respect of which the implementation, change or elimination requires the agreement of another jurisdiction;

THE RETAIL BUSINESSES HOLIDAY CLOSING ACT

C.C.S.M. c. R120 amended

26(1)       The Retail Businesses Holiday Closing Act is amended by this section.

26(2)       The definition "holiday" in section 1 is amended by striking out "Canada Day" and substituting "July 1".

26(3)       Subclause 4.1(2)(b)(i) is amended by striking out "Canada Day" and substituting "July 1".

THE STATUTES AND REGULATIONS ACT

C.C.S.M. c. S207 amended

27(1)       The Statutes and Regulations Act is amended by this section.

27(2)       Subsection 34.1(1) is amended in the definition "administrative burden" by adding "comply and" after "necessary to".

27(3)       Subsection 34.2(2) is amended

(a) in the French version of clauses (a), (b) and (d) to (i), by striking out "il" and substituting "elle", with necessary grammatical changes; and

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

(c) in respect of which the implementation, change or elimination requires the agreement of another jurisdiction;

THE SURVEYS ACT

C.C.S.M. c. S240 amended

28(1)       The Surveys Act is amended by this section.

28(2)       The definition "Director of Surveys" in section 13 is amended by striking out "the Director of Surveys appointed" and substituting "a surveyor designated as Director of Surveys".

28(3)       Subsections 15(1) and (1.1) are replaced with the following:

Surveyors and other staff

15(1)        Surveyors and other officers and employees required for the purposes of this Act may be appointed in accordance with The Civil Service Act.

Director of surveys

15(1.1)     The minister may designate one or more of the surveyors appointed under subsection (1) as Director of Surveys.

Consequential amendment, C.C.S.M. c. G50

29          Clause 27(8)(b) of The Gas Pipe Line Act is amended by striking out "the Director of Surveys appointed" and substituting "a Director of Surveys designated".

THE UNIVERSITY OF MANITOBA ACT

C.C.S.M. c. U60 amended

30          Section 22 of The University of Manitoba Act is repealed.

THE VITAL STATISTICS ACT

C.C.S.M. c. V60 amended

31(1)       The Vital Statistics Act is amended by this section.

31(2)       Section 1 is amended by adding the following definition:

"nurse practitioner" means a registered nurse certified to practise as a nurse practitioner under The Regulated Health Professions Act; (« infirmière praticienne »)

31(3)       Subsection 14(3) is amended

(a) by striking out "by last attending physician" in the section heading; and

(b) by striking out "The duly qualified medical practitioner last in attendance during the last illness of a deceased" and substituting "A duly qualified medical practitioner or nurse practitioner who attended a deceased during the deceased's last illness".

31(4)       Subsection 14(5) is amended

(a) in the English version, by striking out "attendance" and substituting "care" in the section heading;

(b) by adding "or nurse practitioner" after "under the care of a duly qualified medical practitioner"; and

(c) by striking out "where the duly qualified medical practitioner" and substituting "where a duly qualified medical practitioner or nurse practitioner".

31(5)        The following is added after subsection 14(6):

Limited meaning of "nurse practitioner"

14(6.1)     In this section, "nurse practitioner" does not include a nurse practitioner who is registered in a class for temporary practice or as a graduate nurse practitioner.

31(6)       Subsection 14(7) is replaced with the following:

Not under the care

14(7)       For the purposes of this section, a deceased was not under the care of a duly qualified medical practitioner or nurse practitioner if the deceased, in the 14-day period preceding their death, was not seen, attended or treated by

(a) a duly qualified medical practitioner or, where use of a delegate is approved by the chief medical examiner, by a delegate of the duly qualified medical practitioner; or

(b) a nurse practitioner.

31(7)       Subsection 43(2) is amended by adding "nurse practitioners," after "physicians,".

COMING INTO FORCE

Coming into force: royal assent

32(1)       This Act, except sections 11 and 31, comes into force on the day it receives royal assent.

Coming into force: proclamation

32(2)       Sections 11 and 31 come into force on a day to be fixed by proclamation.

Explanatory Note

This Act amends several Acts and repeals three Acts and five regulations to reduce or eliminate regulatory requirements and to improve services.

The Cemeteries Act

Forms used for licences to operate a cemetery, columbarium or mausoleum issued under the Act may now be approved by the Funeral Board of Manitoba. The forms no longer need to be set out in the regulations.

The Child and Family Services Act

An agency no longer needs to use a form set out in the regulations when agreeing to provide day care, homemaker or parent aide services.

The City of Winnipeg Charter

A provision authorizing Cabinet to order grants to the City of Winnipeg out of the Consolidated Fund is removed. It is unnecessary because such grants are authorized under The Appropriation Act.

The Education Administration Act

A provision that duplicates the minister's annual reporting responsibilities under The Financial Administration Act is repealed. The requirement for the minister to meet annually with the Manitoba Association of Parent Councils is also removed.

The Farm Products Marketing Act

The Manitoba Farm Products Marketing Council may now amend or repeal regulations made by producer boards or marketing commissions, a power formerly held by Cabinet. The minister is given authority to amend or repeal regulations made by the council.

The Fatality Inquiries Act

Amendments are made to reflect that nurse practitioners are now authorized under The Vital Statistics Act to complete a medical certificate of death.

The Prearranged Funeral Services Act

The form used for licences to provide prearranged funeral services issued under the Act may now be approved by the Funeral Board of Manitoba. The form no longer needs to be set out in the regulations.

The Municipal Act

A provincial judge or a justice of the peace may now issue an order authorizing a municipal officer to enter private property for inspection or enforcement purposes. Formerly, the municipality had to obtain such an order from the Court of Queen's Bench.

The Noxious Weeds Act

Currently, a tier 2 noxious weed infestation must be prevented from spreading if it covers five or more acres and destroyed if it covers a smaller area. This threshold is changed to 20 acres. Amendments also clarify that inspectors may examine crop residue and take enforcement action respecting crop residue.

The Oil and Gas Act

The requirement to use a registered lease agent when acquiring certain oil and gas interests is removed.

The Provincial Offences Act

The definition "preset fine" is amended to clarify that the amount of the preset fines for parking offences under The Provincial Parks Act and The Public Works Act is established under those Acts.

The Public Works Act

Contracts entered into under this Act are no longer required to be sealed with the departmental seal.

The Real Property Act

The circumstances in which substitutional service may be used to provide notice of a tax sale are specified. The deadline for redeeming land may be extended where substitutional service is not required.

The Regulatory Accountability Act, The Statutes and Regulations Act

The meaning of administrative burden is clarified. Activities and costs necessary to comply with a regulatory requirement and to demonstrate compliance are considered to be administrative burdens. The application of the two Acts to regulatory requirements that are subject to another jurisdiction's agreement is clarified.

The Retail Businesses Holiday Closing Act

The Retail Businesses Holiday Closing Act is amended to establish July 1 as a fixed statutory holiday, thus allowing retail businesses to close on that day, rather than July 2, when Canada Day falls on a Sunday. A corresponding change is made to The Employment Standards Code and The Interpretation Act.

The Surveys Act

The process for designating a surveyor as Director of Surveys is streamlined.

The University of Manitoba Act

A provision that duplicates the university's annual reporting responsibilities under The Advanced Education Administration Act is repealed.

The Vital Statistics Act

Nurse practitioners are now authorized to complete a medical certificate of death.

Other Acts amended

The number of board members is standardized for the five Crown corporations that are governed by The Crown Corporations Governance and Accountability Act. Each board will now have six to ten members. The following Acts are amended:

  • The Manitoba Centennial Centre Corporation Act
  • The Efficiency Manitoba Act
  • The Manitoba Hydro Act
  • The Manitoba Liquor and Lotteries Corporation Act
  • The Manitoba Public Insurance Corporation Act

Acts repealed

The Dental Health Services Act, The Dental Health Workers Act and the unproclaimed Oil and Gas Amendment and Oil and Gas Production Tax Amendment Act are repealed.

Consequential amendment and repeals

The Act also makes a consequential amendment to The Gas Pipe Line Act and repeals five outdated regulations.