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S.M. 2022, c. 4

Bill 10, 4th Session, 42nd Legislature

An Act respecting Amendments to The Health Services Insurance Act, The Pharmaceutical Act and Various Corporate Statutes

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

COVID-19 point-of-care testing

Under The Health Services Insurance Act, laboratories and medical specimen collection centres must be accredited and approved.

These amendments exempt a place where COVID-19 point-of-care tests are administered from the accreditation and approval requirements as long as specimens are collected only for the purpose of administering the tests.

Amendments to The Pharmaceutical Act permit a pharmacist to administer and interpret a COVID-19 point-of-care test.

Electronic corporate meetings

The following corporate statutes are amended to allow electronic meetings and electronic voting at such meetings unless specifically prohibited by by-law:

The Condominium Act;

The Cooperatives Act;

The Corporations Act;

The Credit Unions and Caisses Populaires Act.

Requirements for electronic meetings and electronic voting may be established by regulation.

(Assented to March 16, 2022)

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

PART 1

THE HEALTH SERVICES INSURANCE ACT

C.C.S.M. c. H35 amended

1

The Health Services Insurance Act is amended by this Part.

2(1)

Section 119 is amended by striking out everything before the first definition and substituting the following:

Definitions

119

The following definitions apply in this section and in sections 120 to 130.

2(2)

Section 119 is further amended

(a) by adding the following definition:

"COVID-19 point-of-care test" means a medical device that has been designated by the minister in accordance with section 119.1; (« test de dépistage hors laboratoire de la COVID-19 »)

(b) in the definition "laboratory", by striking out "or" at the end of clause (d), adding "or" at the end of clause (e) and adding the following after clause (e):

(f) a place where specimens are taken or collected from the human body for the sole purpose of administering COVID-19 point-of-care tests;

(c) in the definition "specimen collection centre", by striking out "or" at the end of clause (a), adding "or" at the end of clause (b) and adding the following after clause (b):

(c) a place where specimens are taken or collected from the human body for the sole purpose of administering COVID-19 point-of-care tests.

3

The following is added after section 119:

Designation of COVID-19 point-of-care tests

119.1

The minister may, in writing, designate a medical device as a COVID-19 point-of-care test if the medical device

(a) tests for the communicable disease known as COVID-19; and

(b) is authorized by Health Canada for point-of-care use or self-administration.

PART 2

THE PHARMACEUTICAL ACT

C.C.S.M. c. P60 amended

4

The Pharmaceutical Act is amended by this Part.

5

Subsection 1(1) is amended by adding the following definition:

"COVID-19 point-of-care test" means a COVID-19 point-of-care test as defined in The Health Services Insurance Act. (« test de dépistage hors laboratoire de la COVID-19 »)

6

Subsection 2(2) is amended by adding the following after clause (d):

(e) administer and interpret a COVID-19 point-of-care test.

7

Subsection 3(2) is amended by striking out "or" at the end of clause (h), adding "or" at the end of clause (i) and adding the following after clause (i):

(j) a person from administering a COVID-19 point-of-care test to themselves or to another person.

PART 3

THE CONDOMINIUM ACT

C.C.S.M. c. C170 amended

8

The Condominium Act is amended by this Part.

9

Subsection 1(1) is amended by adding the following definitions:

"electronic meeting" means a meeting in which persons participate, or are entitled to participate, electronically. (Version anglaise seulement)

"electronically", in relation to participating in a meeting, means being connected by telephone or other electronic means in a manner that allows all participants to communicate with each other concurrently. (Version anglaise seulement)

"fully electronic meeting" means an electronic meeting at which persons who are entitled to participate must do so electronically. (Version anglaise seulement)

10

The following is added after subsection 75(5):

Electronic meeting

75(6)

A turnover meeting may be held as an electronic meeting but not as a fully electronic meeting. Such a meeting must be held in accordance with the regulations, if any.

Present in person

75(7)

A person who participates electronically in a turnover meeting is deemed to be present in person at the meeting.

11

The centred heading before section 103 is amended by adding "Electronic" at the beginning.

12(1)

Subsection 103(1) is replaced with the following:

Electronic meetings

103(1)

Unless prohibited by a condominium corporation's by-laws, a meeting of the board may be held as an electronic meeting. Such a meeting must be held in accordance with the regulations, if any.

12(2)

Subsection 103(2) is amended by striking out "attends a meeting as described in subsection (1) is" and substituting "participates electronically in a meeting of the board is deemed to be".

13(1)

The following is added after clause 116(1)(b):

(b.1) if the meeting is an electronic meeting, include instructions on how to participate in the meeting electronically;

13(2)

The following is added after subsection 116(5):

Fully electronic meetings

116(5.1)

The requirement in subsection (1) to provide notice of the place of a meeting does not apply to a fully electronic meeting.

14(1)

Subsection 118(1) of the French version is amended by striking out "Sauf disposition contraire des règlements administratifs, le" and substituting "Le".

14(2)

Subsection 118(2) of the French version is amended by adding "et leur précise la date, le lieu et l'heure auxquels l'assemblée a été ajournée" at the end.

14(3)

The following is added after subsection 118(3):

Fully electronic meetings

118(4)

The requirement in subsection (2) to provide notice of the place of a meeting does not apply to a fully electronic meeting.

15(1)

Subsection 119(1) is replaced with the following:

Electronic attendance at meeting

119(1)

Unless prohibited by a condominium corporation's by-laws, a general meeting of unit owners may be held as an electronic meeting. Such a meeting must be held in accordance with the regulations, if any.

15(2)

Subsection 119(2) is amended by striking out "attends a meeting as described in subsection (1) is" and substituting "participates electronically in a general meeting of unit owners is deemed to be".

16

The following is added after section 121:

Electronic voting

121.1

If a general meeting of unit owners is held as an electronic meeting, the meeting must be held in a manner that allows for electronic voting and reasonable steps must be taken to ensure that

(a) the identity of each person who votes is verified;

(b) each person who votes does so only in their own right or by valid proxy; and

(c) if a recorded vote is requested, the vote is conducted in a manner that allows votes to be individually counted.

17

The following is added after clause 167(1)(h):

(h.1) respecting electronic meetings, including prohibiting electronic meetings;

18

The following is added after clause 293(1)(l):

(l.1) respecting electronic meetings, including

(i) notices and the calling of electronic meetings, and

(ii) voting at electronic meetings;

PART 4

THE COOPERATIVES ACT

C.C.S.M. c. C223 amended

19

The Cooperatives Act is amended by this Part.

20

Subsection 1(1) is amended by adding the following definitions:

"electronic meeting" means a meeting in which persons participate, or are entitled to participate, electronically; (Version anglaise seulement)

"electronically", in relation to participating in a meeting, means being connected by telephone or other electronic means in a manner that allows all participants to communicate with each other concurrently; (Version anglaise seulement)

"fully electronic meeting" means an electronic meeting at which persons who are entitled to participate must do so electronically; (Version anglaise seulement)

21

Subsection 12(2) is amended by striking out "and" at the end of clause (e) and adding the following after clause (e):

(e.1) the regulation of electronic meetings, including the prohibition of electronic meetings; and

22

Subsection 182(2) is amended by striking out everything after "five days" and substituting "written notice of the meeting to each director.".

23

Section 201 is replaced with the following:

Electronic meetings

201(1)

Unless prohibited by a cooperative's by-laws, a meeting of directors may be held as an electronic meeting. Such a meeting must be held in accordance with the regulations, if any.

Presence

201(2)

A director participating electronically in a meeting of directors is deemed to be present at the meeting.

Notice of electronic meeting

201(3)

If a meeting of directors is held as an electronic meeting, any notice of the meeting must include instructions on how to participate in the meeting electronically.

24

Subsections 222(7) and (8) are replaced with the following:

Electronic meetings

222(7)

Unless prohibited by a cooperative's by-laws, a meeting of a cooperative may be held as an electronic meeting. Such a meeting must be held in accordance with the regulations, if any.

Presence

222(8)

A member or shareholder of a cooperative participating electronically in a meeting of a cooperative is deemed to be present at the meeting.

Fully electronic meetings

222(9)

Subsections (1) and (4) do not apply to a fully electronic meeting.

25

The following is added after subsection 226(3):

Notice of electronic meeting

226(4)

If a meeting of a cooperative is held as an electronic meeting, any notice of the meeting must include instructions on how to participate in the meeting electronically.

Fully electronic meetings

226(5)

A requirement in this section to provide notice of the place of a meeting does not apply to a fully electronic meeting.

26

The following is added after subsection 233(4):

Fully electronic meetings

233(5)

The requirement in subsection (4) to adjourn to a fixed place does not apply to a fully electronic meeting.

27(1)

Subsection 236(1) is amended by striking out "subsection 187(1)" and substituting "subsections (4) and 187(1)".

27(2)

The following is added after subsection 236(3):

Electronic voting

236(4)

If a meeting of a cooperative is held as an electronic meeting, the meeting must be held in a manner that allows for electronic voting and reasonable steps must be taken to ensure that

(a) the identity of each person who votes is verified;

(b) each person who votes does so only in their own right or by valid proxy; and

(c) if a ballot is demanded, the vote is conducted in a manner that allows votes to be individually counted.

28

The following is added after subsection 254(3):

Electronic voting

254(4)

For the purposes of subsections (2) and (3), in the case of an electronic meeting,

(a) voting by ballot includes electronic voting in a manner that allows votes to be individually counted; and

(b) voting by show of hands includes electronic voting in a manner that does not allow votes to be individually counted.

29

The following is added after clause 388(1)(l):

(l.1) respecting electronic meetings, including

(i) notices and the calling of electronic meetings, and

(ii) voting at electronic meetings;

PART 5

THE CORPORATIONS ACT

C.C.S.M. c. C225 amended

30

The Corporations Act is amended by this Part.

31

Subsection 1(1) is amended by adding the following definitions:

"electronic meeting" means a meeting in which persons participate, or are entitled to participate, electronically; (Version anglaise seulement)

"electronically", in relation to participating in a meeting, means being connected by telephone or other electronic means in a manner that allows all participants to communicate with each other concurrently; (Version anglaise seulement)

"fully electronic meeting" means an electronic meeting at which persons who are entitled to participate must do so electronically; (Version anglaise seulement)

32

Subsection 99(3) is amended by striking out everything after "five days" and substituting "written notice of the meeting to each director.".

33

Subsections 109(9) and (10) are replaced with the following:

Electronic meetings

109(9)

Unless prohibited by a corporation's by-laws, a meeting of directors or a committee of directors may be held as an electronic meeting. Such a meeting must be held in accordance with the regulations, if any.

Presence

109(10)

A director participating electronically in a meeting of directors or a committee of directors is deemed to be present at the meeting.

Notice of electronic meeting

109(11)

If a meeting of directors or a committee of directors is held as an electronic meeting, any notice of the meeting must include instructions on how to participate in the meeting electronically.

Fully electronic meetings

109(12)

A requirement in this section to meet at a specific place or to provide notice of the place of a meeting does not apply to a fully electronic meeting.

34

Subsections 126(4) and (5) are replaced with the following:

Electronic meetings

126(4)

Unless prohibited by a corporation's by-laws, a meeting of shareholders may be held as an electronic meeting. Such a meeting must be conducted in accordance with the regulations, if any.

Presence

126(5)

A shareholder participating electronically in a meeting of shareholders is deemed to be present at the meeting.

Fully electronic meetings

126(6)

Subsection (1) does not apply to a fully electronic meeting.

35

Section 126.1 is repealed.

36

The following is added after subsection 129(6):

Notice of electronic meeting

129(7)

If a meeting of shareholders is held as an electronic meeting, any notice of the meeting must include instructions on how to participate in the meeting electronically.

Fully electronic meetings

129(8)

A requirement in this section to provide notice of the place of a meeting does not apply to a fully electronic meeting.

37

The following is added after subsection 133(4):

Fully electronic meetings

133(5)

The requirement in subsection (3) to adjourn to a fixed place does not apply to a fully electronic meeting.

38(1)

Subsection 135(1) is amended by striking out "Unless the by-laws otherwise provide," and substituting "Subject to subsection (3), any regulations respecting electronic meetings and the by-laws of a corporation,".

38(2)

Subsection 135(3) is replaced with the following:

Electronic voting

135(3)

If a meeting of shareholders is held as an electronic meeting, the meeting must be held in a manner that allows for electronic voting and reasonable steps must be taken to ensure that

(a) the identity of each person who votes is verified;

(b) each person who votes does so only in their own right or by valid proxy; and

(c) if a ballot is demanded, the vote is conducted in a manner that allows votes to be individually counted.

38(3)

Subsection 135(4) is repealed.

39

The following is added after subsection 146(4):

Electronic voting

146(4.1)

For the purposes of subsections (2) and (3), in the case of an electronic meeting,

(a) voting by ballot includes electronic voting in a manner that allows votes to be individually counted; and

(b) voting by show of hands includes electronic voting in a manner that does not allow votes to be individually counted.

40

Subsection 254(1) is amended

(a) by replacing clause (d.1) with the following:

(d.1) respecting electronic meetings, including

(i) respecting notices and the calling of electronic meetings, and

(ii) respecting voting at electronic meetings;

(b) by repealing clauses (d.2) and (d.3).

41

The following is added after clause 275(i):

(i.1) electronic meetings, including prohibiting electronic meetings;

42

The following is added after clause 276(1)(e):

(e.1) the regulation of electronic meetings, including prohibiting electronic meetings;

PART 6

THE CREDIT UNIONS AND
CAISSES POPULAIRES ACT

C.C.S.M. c. C301 amended

43

The Credit Unions and Caisses Populaires Act is amended by this Part.

44

Subsection 1(1) is amended by adding the following definitions:

"electronic meeting" means a meeting in which persons participate, or are entitled to participate, electronically; (Version anglaise seulement)

"electronically", in relation to participating in a meeting, means being connected by telephone or other electronic means in a manner that allows all participants to communicate with each other concurrently; (Version anglaise seulement)

"fully electronic meeting" means an electronic meeting at which persons who are entitled to participate must do so electronically; (Version anglaise seulement)

45

Section 60 is amended by renumbering it as subsection 60(1) and adding the following as subsections 60(2) to (4):

Electronic meetings

60(2)

Unless prohibited by a credit union's articles or by-laws, a meeting of members may be held as an electronic meeting. Such a meeting must be conducted in accordance with the regulations, if any.

Presence

60(3)

A member of a credit union participating electronically in a meeting of members is deemed to be present at the meeting.

Fully electronic meetings

60(4)

Subsection (1) does not apply to a fully electronic meeting.

46

The following is added after subsection 63(5):

Fully electronic meetings

63(6)

A requirement in this section to provide notice of the place of a meeting does not apply to a fully electronic meeting.

47

The following is added after subsection 66(4):

Fully electronic meetings

66(5)

The requirement in subsection (3) to adjourn to a fixed place does not apply to a fully electronic meeting.

48

The following is added after section 71:

Electronic voting

71.1

If a meeting of members of a credit union is held as an electronic meeting, the meeting must be held in a manner that allows for electronic voting and reasonable steps must be taken to ensure that

(a) the identity of each person who votes is verified;

(b) each person who votes does so only in their own right or by valid proxy; and

(c) if a ballot is demanded, the vote is conducted in a manner that allows votes to be individually counted.

49

Subsection 73(1) is amended by striking out "Unless the by-laws otherwise provide," and substituting "Subject to section 71.1, any regulations respecting electronic meetings and the by-laws of a credit union,".

50

Subsection 84(6) is replaced with the following:

Electronic meetings

84(6)

Unless prohibited by a credit union's articles or by-laws, a meeting of directors may be held as an electronic meeting. Such a meeting must be held in accordance with the regulations, if any.

Presence

84(7)

A director participating electronically in a meeting of directors is deemed to be present at the meeting.

Notice of electronic meeting

84(8)

If a meeting of directors is held as an electronic meeting, any notice of the meeting must include instructions on how to participate in the meeting electronically.

Fully electronic meetings

84(9)

A requirement in this section to meet at a specific place or to provide notice of the place of a meeting does not apply to a fully electronic meeting.

51

Clause 157(1)(b) is amended by striking out "subsections 84(4) to (6)" and substituting "subsections 84(4) to (9)".

52

Subsection 227(1) is amended by adding the following after clause (gg):

(gg.1) respecting electronic meetings, including

(i) notices and the calling of electronic meetings, and

(ii) voting at electronic meetings;

Conditional amendment

53(1)

If The Credit Unions and Caisses Populaires Amendment Act, S.M. 2021, c. 24, comes into force before this Act comes into force, then section 52 of this Act is replaced with the following:

52

Subsection 227(1) is amended by adding the following after clause (d):

(d.1) respecting electronic meetings, including

(i) notices and the calling of electronic meetings, and

(ii) voting at electronic meetings;

53(2)

If The Credit Unions and Caisses Populaires Amendment Act, S.M. 2021, c. 24, is not yet in force on the coming into force of this Act, section 99 of that Act is amended by adding the following after clause 227(1)(d):

(d.1) respecting electronic meetings, including

(i) notices and the calling of electronic meetings, and

(ii) voting at electronic meetings;

PART 7

COMING INTO FORCE

Coming into force

54

This Act comes into force on the day it receives royal assent.