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
The Cemeteries Act is amended by this section.
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,".
The following is added after subsection 26(2):
A licence may be made subject to prescribed terms and conditions.
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
Subsection 7(1) of The Manitoba Centennial Centre Corporation Act is replaced with the
following:
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
The Child and Family Services Act is amended by this section.
Section 12 is amended by striking out "in a prescribed form".
Clause 13(5)(a) is amended by striking out "on a prescribed form".
THE CITY OF WINNIPEG CHARTER
Section 287 of The City of Winnipeg Charter is repealed.
THE DENTAL HEALTH SERVICES ACT
The Dental Health Services Act, R.S.M. 1987, c. D33, and the following regulations are repealed: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
The Dental Health Workers Act, R.S.M. 1987, c. D31, and the following regulations are repealed: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
Subsection 4.1(2) and section 18 of The Education Administration Act are repealed.
THE EFFICIENCY MANITOBA ACT
The Efficiency Manitoba Act is amended by this section.
Subsection 21(1) is replaced with the following:
The board is to consist of at least six and not more than ten directors appointed by the Lieutenant Governor in Council.
Subsection 21(2) is amended by striking out "board members" and substituting "directors".
THE EMPLOYMENT STANDARDS CODE
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
The Farm Products Marketing Act is amended by this section.
Section 7 is replaced with the following:
Manitoba council may amend or repeal
With the approval of the minister, the Manitoba council may amend or repeal any regulation or order made by a board or commission.
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):
The minister may amend or repeal any regulation made by the Manitoba council under this section.
THE FATALITY INQUIRIES ACT
The Fatality Inquiries Act is amended by this section.
Subsections 17(1) and (2) are replaced with the following:
Medical certificate within 48 hours
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
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).
Subsection 18(1) is replaced with the following:
Medical certificate after inquiry
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.
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".
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
The Prearranged Funeral Services Act is amended by this section.
Subsection 3(2) is amended by striking out "prescribed in the regulations" and substituting "approved by the board".
Clause 16(b) is amended by striking out "the forms thereof and".
THE MANITOBA HYDRO ACT
Subsection 5(1) of The Manitoba Hydro Act is replaced with the following:
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
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
Subsection 10(1) of The Manitoba Liquor and Lotteries Corporation Act is replaced with the following:
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
The Municipal Act is amended by this section.
Section 240 is replaced with the following:
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.
An application for a warrant under this section may be made without notice.
Section 241 is repealed.
THE NOXIOUS WEEDS ACT
The Noxious Weeds Act is amended by this section.
Clauses 3(1)(b) and (c) are amended by striking out "five acres" and substituting "20 acres".
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
The Oil and Gas Act is amended by this section.
Subsection 1(1) is amended by striking out ", other than in Part 6," in the definition "lease".
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).
Section 223 is repealed.
Consequential repeal, Manitoba Regulation 107/94
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)
The Oil and Gas Amendment and Oil and Gas Production Tax Amendment Act, S.M. 2005, c. 25, is repealed.
THE PROVINCIAL OFFENCES ACT
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
The Manitoba Public Insurance Corporation Act is amended by this section.
Subsection 2(1) is replaced with the following:
Persons comprising corporation
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.
Subsection 2(9) is replaced with the following:
A majority of the directors constitutes a quorum at any meeting of the directors of the corporation.
THE PUBLIC WORKS ACT
The Public Works Act is amended by this section.
Subsection 8(1) is replaced with the following:
Minister may enter into contract or agreement
The minister may enter into any contract or agreement that he or she considers necessary for the purposes of this Act.
Subsection 8(3) of the English version is amended by adding "or she" after "he".
THE REAL PROPERTY ACT
The Real Property Act is amended by this section.
Clause 45(1)(c) is amended by striking out "subject to subsection (6)" and substituting "subject to subsection (5)".
The following is added after subsection 45(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.
Subsection 45(4) is replaced with the following:
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
The Regulatory Accountability Act is amended by this section.
Section 1 is amended in the definition "administrative burden" by adding "comply and" after "necessary to".
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
The Retail Businesses Holiday Closing Act is amended by this section.
The definition "holiday" in section 1 is amended by striking out "Canada Day" and substituting "July 1".
Subclause 4.1(2)(b)(i) is amended by striking out "Canada Day" and substituting "July 1".
THE STATUTES AND REGULATIONS ACT
The Statutes and Regulations Act is amended by this section.
Subsection 34.1(1) is amended in the definition "administrative burden" by adding "comply and" after "necessary to".
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
The Surveys Act is amended by this section.
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".
Subsections 15(1) and (1.1) are replaced with the following:
Surveyors and other officers and employees required for the purposes of this Act may be appointed in accordance with The Civil Service Act.
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
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
Section 22 of The University of Manitoba Act is repealed.
THE VITAL STATISTICS ACT
The Vital Statistics Act is amended by this section.
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 »)
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".
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".
The following is added after subsection 14(6):
Limited meaning of "nurse practitioner"
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.
Subsection 14(7) is replaced with the following:
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
Subsection 43(2) is amended by adding "nurse practitioners," after "physicians,".
COMING INTO FORCE
Coming into force: royal assent
This Act, except sections 11 and 31, comes into force on the day it receives royal assent.
Coming into force: proclamation
Sections 11 and 31 come into force on a day to be fixed by proclamation.